New Jersey Revised Statutes Title 40 - Municipalities And Counties
- Section 40:3-1 - Definitions
For the purposes of this chapter, bonds which are payable in installments in successive years during at least three-quarters of the period covered by...
- Section 40:3-2 - Contracts As To Bonds, Notes Not Impaired
Nothing in this chapter shall be construed to require any sinking fund commission to do any act in violation of the contractual obligations of...
- Section 40:3-3 - When Sinking Fund Commission To Determine Requirements
In the event of the failure of the Director of the Division of Local Government in the State Department of Taxation and Finance to...
- Section 40:3-4 - Sinking Fund Commissions; Appointment, Duties And Powers.
40:3-4. The sinking fund commissions of the several municipalities, counties and school districts, created and established in accordance with the provisions of the act...
- Section 40:3-5 - Commission To Supersede All Commissions; Body Corporate; Disbursements; Investments
The organization of the sinking fund commission, as herein provided, shall be universally applicable and shall supersede all other sinking fund commissions whatsoever. The...
- Section 40:3-6 - Certain Officers To Act When Commission Not Functioning
Until the members of the sinking fund commission have been appointed and the organization of the commission has been perfected, the comptroller, or in...
- Section 40:3-7 - Foreclosure Of Mortgages; Municipal Sinking Fund For School District Bonds
Where the funds in the custody of any sinking fund commission superseded and terminated as provided in this chapter, are invested in mortgages upon...
- Section 40:3-8 - Commissioners Not To Receive Compensation; Bonds; Secretary And Assistants
The members of the sinking fund commission shall receive no compensation, and shall give bond with corporate security to the municipality, county, or school...
- Section 40:3-9 - Custodian Of Moneys And Securities; Investments; Accounts
The sinking fund commissioners shall have sole custody and control of all sinking fund moneys, securities, books, papers and records appertaining thereto. They shall...
- Section 40:3-10 - Sinking Fund Moneys; Investment Of
Investment of sinking fund moneys shall be restricted to unlimited obligations issued by the United States of America, or bonds of the State of...
- Section 40:3-11 - Annual Report; Publication
The sinking fund commission shall report annually, on or before January fifteenth, to the governing body of the municipality, county or school district fully...
- Section 40:3-12 - Accounts; How Kept; Classification Of Bonds; Accretions; Interest; Losses
The sinking fund commission shall cause to be kept a separate account for each issue of term bonds and under at least the following...
- Section 40:3-13 - When Commission May Sell Bonds Of County, School District Or Municipality
When any sinking fund commission shall purchase any bonds of the municipality, county or school district for which it is constituted, as the result...
- Section 40:3-14 - Bonds Falling Due; Funds Transmitted For Payment
At least three days previous to the time when any bonds shall fall due, for which there are funds to the credit of such...
- Section 40:3-15 - Commissioners May Enforce Payment To Sinking Fund Of Sums Due
The sinking fund commission shall have power and authority to demand and enforce by appropriate legal proceedings the appropriation, collection and payment to the...
- Section 40:3-16 - Annual Sinking Fund Requirements; Amortization Basis
The annual sinking fund requirements for the uncanceled bonds of any issue of term bonds issued by any municipality, county or school district, shall...
- Section 40:3-17 - Sinking Fund Requirements For Year; How Calculated
The sinking fund commission of a municipality, county or school district (where a sinking fund commission exists only for such school district) shall calculate...
- Section 40:3-18 - When Contributions To Cease
When the sinking fund of any issue of term bonds shall equal the amount of the uncanceled bonds of such issue, no further contributions...
- Section 40:3-19 - Excess Accumulations, To Reduce Requirements Of Sinking Fund; Deficiency
When the accumulation of the sinking fund for any year shall be more than three and one-half per cent, then the amount in excess...
- Section 40:3-20 - Outstanding Term Bonds Tabulated; Adjustment Of Excesses And Deficits; Surpluses
If upon any tabulation heretofore made of outstanding term bonds and the calculation to determine whether the sinking fund for each issue is equal...
- Section 40:3-21 - Deficiency In Sinking Funds; How Raised
In order to bring the sinking fund for each issue of term bonds up to the proper amortization basis, the deficiency as shown by...
- Section 40:3-22 - Special Sinking Fund Requirements Additional To Annual Requirements
The special sinking fund requirements, as provided in section 40:3-21 of this title shall not take the place of the proper annual sinking fund...
- Section 40:3-23 - Special Sinking Fund; Distribution Of
The special sinking fund shall be held intact, as such, until it shall have accumulated an amount sufficient to create or equalize the sinking...
- Section 40:3-24 - Interest On Surplus; Use Of
The surplus in the sinking fund of any municipality, county or school district, as provided in section 40:3-20 of this Title, shall be held...
- Section 40:5-2 - Contributions To First Aid, Ambulance And Rescue Squads.
40:5-2. Any county or municipality may make a voluntary contribution of not more than $70,000 annually to any duly incorporated first aid and emergency...
- Section 40:5-2.1 - General Conflagration; Appropriations To Relieve Loss From
Whenever a general conflagration shall have taken place in any county, and in one or more municipalities thereof, such county shall be and is...
- Section 40:5-2.2 - Prerequisites To County's Expending Money To Relieve Losses From General Conflagration
No county shall raise or expend any moneys for the purpose aforesaid unless and until: (a) The borough, township, city, village or other municipality...
- Section 40:5-2.3 - Boroughs, Townships, Cities, Villages, Etc., Prerequisites To Expending Money To Relieve Loss From General Conflagration
No borough, township, city, village or other municipality shall expend any moneys for the purpose aforesaid unless and until: (a) The county in which...
- Section 40:5-2.4 - "General Conflagration" Defined
The term "general conflagration" as used herein shall be construed, for the purposes hereof, to mean and include: any monetary damage to the improved...
- Section 40:5-2.5 - Raising And Appropriating Money To Relieve Loss From General Conflagration By Resolution
Any county, borough, township, city, village or other municipality may raise and appropriate said moneys by resolution as aforesaid, notwithstanding the provisions of sections...
- Section 40:5-2.6 - Notes Or Other Obligations; Raising Funds To Relieve Loss From General Conflagration
Any county, borough, township, city, village or other municipality is hereby authorized to execute and deliver its note or other obligation to raise the...
- Section 40:5-2.7 - Liberal Construction
This act shall be liberally construed to enable the several counties and municipalities to expeditiously relieve the loss, damage, distress and suffering caused by...
- Section 40:5-2.8 - Inapplicable To Conflagration Occurring Before April 1, 1941
This act shall not apply to any general conflagration which occurred before April first, one thousand nine hundred and forty-one. L.1941, c. 48, p....
- Section 40:5-2.10 - Appropriations To Carry Out Program
The board of chosen freeholders of such county or the governing body of such municipality may appropriate sufficient funds to carry out said program,...
- Section 40:5-2.10a - Rate For Diagnostic Services And Treatment; Payments To County; Reimbursement
The board of chosen freeholders of any county which has established and maintains a center or institution for the diagnosis and treatment of mental...
- Section 40:5-2.10b - Runaway Or Homeless Youth; Services By Private, Nonprofit Organization; Appropriations
The governing body of a county or municipality annually may appropriate funds to a private, nonprofit organization for the purpose of providing services to...
- Section 40:5-2.10c - Nonprofit Hospital For Health Related Community Services; Voluntary Contributions
The governing body of a county or municipality may make voluntary contributions to a public or private nonprofit hospital for any health related service...
- Section 40:5-2.11 - Use Of Parking Meter Revenues For Off-street Parking Facilities.
1.The board of chosen freeholders of any county and the governing body of any municipality may by resolution appropriate and dedicate all or any...
- Section 40:5-18 - Service Charge For Nsf Checks; Collection
a. The governing body of a municipality may provide, by resolution or ordinance, for the imposition of a service charge to be added to...
- Section 40:5-19 - Service Charge On Checks Returned For Insufficient Funds; County Imposition, Fee, Collection
1. a. The governing body of a county may provide, by resolution or ordinance, as appropriate, for the imposition of a service charge to...
- Section 40:6a-1 - Costs Of Assignment Of Counsel Or Other Related Costs For Defense Of Indigent Person; Notice; Filing; Duration Of Lien; Service On Defendant
Whenever a county or municipality is required to pay the costs of the assignment of counsel and other related costs for the defense of...
- Section 40:6a-2 - Recordation
The clerk of the superior court may provide separate books for the filing of said liens indexed in the name of the judgment debtor,...
- Section 40:6a-3 - Remedies And Collection Of Moneys Due
The county or municipal counsel shall have all the remedies and may take all the proceedings for the collection of moneys due the county...
- Section 40:6a-4 - Compromise And Settlement Of Claim
The county or municipal counsel may recommend to their respective governing bodies a compromise and settlement of any claim for payment of costs incurred...
- Section 40:7-1 - Liability Of County Or Municipality; Negligence Of Driver
A county or municipality shall be liable in damages when an officer of the county or municipality shall command the operator of a motor...
- Section 40:8-1 - Acquisition And Use Of Lands For Airports; Lease To Others
The governing body of any county and the governing body of any municipality, or either of them, may acquire by gift, grant, purchase, condemnation...
- Section 40:8-2 - Municipal Airports; General Powers.
40:8-2. The governing body of any municipality may acquire, establish, construct, own, control, lease, equip, improve, maintain, operate and regulate airports or landing fields...
- Section 40:8-2.1 - Operation Of Airports As Public Utilities By Municipalities
Any municipality is hereby authorized and empowered to maintain, operate and manage an airport as a public utility, and for that purpose keep the...
- Section 40:8-3 - County Airports; General Powers.
40:8-3. The governing body of any county may acquire, by lease or purchase, and establish, construct, own, control, lease, equip, improve, maintain, operate and...
- Section 40:8-4 - Condemnation; Power Of
Any real estate acquired, owned, controlled or occupied by such municipality for the purposes enumerated in section 40:8-2 of this title shall be acquired,...
- Section 40:8-5 - Condemnation; Law Applicable; Bonds; Law Applicable
Private property needed by any municipality for an airport or landing field shall be acquired by purchase if the municipality is able to agree...
- Section 40:8-6 - Control Of Airports; Regulations; Fees.
40:8-6. The governing body of a municipality or county which has established an airport or landing field and acquired, leased or set apart real...
- Section 40:8-7 - Annual Expenditures; Taxation For
The board or body of any municipality or county having power to appropriate money therein may annually appropriate and cause to be raised by...
- Section 40:8-8 - Airport Security Officers
The governing body of any county which has established an airport may, by ordinance or resolution, as appropriate, provide for the appointment of such...
- Section 40:8-9 - Applications
All applications for the position of airport security officers shall, in the first instance, be made to the chief of police of the county...
- Section 40:8-10 - Police Training Course
Every person so appointed and commissioned shall, within 1 year of the date of his commission, successfully complete a police training course at a...
- Section 40:8-11 - Powers Of Airport Security Officers
Every person so appointed and commissioned shall, while on duty, within the limits of the property under the control of the airport, possess all...
- Section 40:8-12 - Name Plate And Shields
Each airport security officer, when on duty, except when employed as a detective, shall wear in plain view a name plate and a metallic...
- Section 40:8-13 - Traffic Laws; Enforcement
In connection with traffic and parking violations, the airport security officer appointed pursuant to this act shall, while on duty and within the territorial...
- Section 40:8-14 - Airport Security Officers; Weapons
County airport security officers shall be considered to be law enforcement officers for the purposes of N.J.S. 2C:39-3. L.1979, c. 332, s. 7, eff....
- Section 40:8-15 - Construction Of Act
Nothing in this act shall be construed to limit or impair the rights of any State, county or municipal law enforcement officer in the...
- Section 40:8c-1 - Biotechnology Defined
1. As used in this act: "Biotechnology" means the continually expanding body of fundamental knowledge about the functioning of biological systems from the macro...
- Section 40:8c-2 - Development Of Biotechnology, Not Regulated; Nonapplicability Of Act
2. a. A county, municipality, including a local health board, or other local subdivision shall not regulate the development of biotechnology or the use...
- Section 40:9-2.1 - Acquisition, Improvement, Operation And Equipment Of Public Transportation Passenger Or Freight Rail Line
The governing body of any county or municipality may acquire, by purchase or lease, maintain, improve, equip and operate any existing public transportation passenger...
- Section 40:9-2.2 - Lease Or Sale Of Space And Facilities For Conduct Of Carrier's Business; Contracts For Conduct Of Other Commercial Activities
Any county or municipality acquiring a public passenger or freight rail line may lease or sell all or portions of space or facilities to...
- Section 40:9-2.3 - Appropriation Of Funds; Bonds Or Notes
Funds to carry out the purposes of this act shall be included in the annual budget of the county or municipality as required by...
- Section 40:9a-1 - Federation Of City-county Libraries
Any county or counties, municipality or municipalities, or any combination thereof, operating libraries pursuant to chapters 33 or 54 of Title 40 of the...
- Section 40:9a-2 - Costs; Management
Such contracts shall set forth the proportion of the cost each party thereto shall assume and specify all the details of the management of...
- Section 40:9a-3 - Interlibrary Loan Services; Free Use By Residents
Such contracts shall provide for the establishment of interlibrary loan services among the federated libraries and the free use for reference purposes of the...
- Section 40:9a-4 - Standards For Libraries.
4.The State Librarian, subject to the approval of the President of Thomas Edison State College, shall formulate and promulgate standards for the said federations...
- Section 40:9b-1 - Establishment And Maintenance Of Narcotic Treatment Programs And Centers
The board of chosen freeholders of any county or the governing body of any municipality may establish and maintain a narcotic treatment program for...
- Section 40:9b-2 - Appropriation Of Funds
The board of chosen freeholders of such county or the governing body of such municipality may appropriate funds to carry out a program or...
- Section 40:9b-3 - Legislative Findings
The Legislature hereby recognizes that it is the declared public policy of this State that the social and personal anguish of drug addiction is...
- Section 40:9b-4 - Counties Or Municipalities; Annual Appropriations For Private Centers
The governing body of any county or municipality may annually appropriate funds to any approved, privately operated, nonprofit narcotic and drug abuse treatment center...
- Section 40:9b-5 - Ratification, Validation And Confirmation Of Prior Appropriations
All appropriations heretofore made by any county or municipality for any of the purposes herein authorized are hereby ratified, validated and confirmed. L.1974, c....
- Section 40:9c-1 - Mass Transit Or Freight Line Services; Counties And Municipalities; Subsidies; Appropriations
The board of chosen freeholders of any county and the governing body of any municipality within the county, may enter into an agreement for...
- Section 40:9d-1 - Definitions Relative To Provision Of Broadband Telecommunications Service.
1.As used in this act: "Broadband telecommunications infrastructure" means information equipment and facilities, information systems, and information technology used for the purpose of providing...
- Section 40:9d-2 - Authority Of Local Unit.
2. a. Consistent with federal law, the governing body of a local unit, through the establishment of a related competitive business segment, is authorized...
- Section 40:9d-3 - Responsibilities Of Local Unit Relative To Provision Of Broadband Telecommunications Service.
3.If a governing body of a local unit exercises powers under subsection a. or b. of section 2 of this act, whether by contracting...
- Section 40:9d-4 - Plan For Proposed Activities.
4. a. Prior to the exercise by the governing body of a local unit of any powers under subsections a. and b. of section...
- Section 40:9d-5 - Authority To Issue Revenue Bonds.
5.a. The governing body of a local unit exercising powers under subsection a. or subsection b. of section 2 of this act is authorized,...
- Section 40:9d-6 - Due Diligence Required Prior To Contract.
6.The governing body of a local unit exercising powers under subsection a. or subsection b. of section 2 of this act shall not enter...
- Section 40:9d-7 - Additional Competitive Contracting Provisions; Terms; Negotiations.
7. a. In addition to the purposes set forth in section 1 of P.L.1999, c.440 (C.40A:11-4.1), a local contracting unit may use the competitive...
- Section 40:9d-8 - Payment Of Prevailing Wage Rate.
8.Any contract awarded in connection with any project authorized pursuant to the provisions of this act shall provide that not less than the prevailing...
- Section 40:10-1 - Acceptance Of Monuments; May Provide Site; Becomes Public Property.
When any person or organization shall offer to any county or municipality any monument, statue, tablet or public drinking fountain already erected or constructed...
- Section 40:10-11 - County, Municipal Appropriations For Veterans' Memorials
1. a. The Legislature finds and declares that it is a public purpose and in the public interest to permit local units of government...
- Section 40:10a-1 - Short Title
This act shall be known and may be cited as the "Local Historians Enabling Act." L.1979, c. 59, s. 1, eff. March 27, 1979.
- Section 40:10a-2 - Legislative Findings
The Legislature of the State finds that a New Jersey Historical Commission, New Jersey Bicentennial Commission, New Jersey Cemetery Board, New Jersey Register of...
- Section 40:10a-3 - Public Policy
It is hereby declared as a matter of public policy that each municipality and county may participate to increase the education, appreciation and communication...
- Section 40:10a-4 - Local Historian; Establishment Of Position By Local Government; Reimbursement Of Expenses; Appointment; Term
The governing body of any county or municipality may, by ordinance or resolution, as appropriate, establish the position of local historian. The local historian...
- Section 40:10a-5 - Vesting Duties And Responsibilities Of Local Historian In Chairperson Of County Cultural And Heritage Commission
Any county which shall have established a county cultural and heritage commission pursuant to P.L.1968, c. 31 (C. 40:33A-1 et seq.) may, in lieu...
- Section 40:10a-6 - Local Historian Of County; Assistance To Municipalities
Whenever the governing body of a county shall establish the position of local historian for the county as herein provided, and one or more...
- Section 40:10a-7 - Powers And Responsibilities Of Local Historian; Annual Report
A local historian shall have the following powers and responsibilities, except as otherwise provided in the ordinance or resolution creating the position: a. To...
- Section 40:10a-8 - Employment Of Clerical Assistants
The local historian may employ such clerical assistants as may be necessary in order to carry out the duties and responsibilities set forth in...
- Section 40:10b-1 - Short Title
This act shall be known and may be cited as the "Historic Cemeteries Act." L.1983, c. 294, s. 1, eff. Aug. 4, 1983.
- Section 40:10b-2 - Legislative Findings And Declarations
The Legislature finds that within the State of New Jersey, there are many historic cemeteries in which are interred the bodies of citizens who...
- Section 40:10b-3 - Historic Cemeteries; Restoration, Maintenance Or Preservation By County Or Municipality; Appropriations
The governing body of any county or municipality may provide for the restoration, maintenance and preservation of any historic cemetery located within its borders....
- Section 40:10c-1 - Establishment Of Municipal Or County Hispanic Advisory Commission.
6.A municipality or a county with an Hispanic population of 10% or more, according to the latest federal decennial census, may by resolution establish...
- Section 40:10d-1 - Findings, Declarations Relative To Protection Of Archaeological Findings, Sites.
1.The Legislature finds and declares that it is of critical importance to protect archaeological sites in New Jersey to prevent their despoliation; that archaeological...
- Section 40:10d-2 - Archaeological Findings On Lands Owned By Political Subdivision Protected.
6. a. (1) Except as may be provided pursuant to subsection c. of this section, no person may alter, deface, destroy, disturb or remove...
- Section 40:11-17 - Salaries Not Affected By 1930 Census Or Reclassification Act; Exceptions
The promulgation or taking effect of the Federal census for the year one thousand nine hundred and thirty, or the passage of an act...
- Section 40:11-17.1 - Salaries Not Affected By 1940 Census Or Reclassification Act; Exceptions
The promulgation or taking effect of the Federal census for the year one thousand nine hundred and forty, or the passage of an act...
- Section 40:11-22 - Pensions On Death Of Policemen Or Firemen Killed In Line Of Duty; Amounts
The governing body of any municipality, by ordinance, or the board of chosen freeholders of any county, by resolution, may provide in specific cases...
- Section 40:11-23 - Manner Of Payment
The pension shall be paid as follows: a. If there are a dependent widow and dependent children of the deceased member, the pension shall...
- Section 40:11-24 - Prospective Payment With Respect To Members Killed After January 1, 1956
In granting any pension pursuant to this act, the governing body of the municipality or the board of chosen freeholders of the county may...
- Section 40:11-25 - Inclusion Of Necessary Amounts In Budget
The governing body of a municipality or the board of chosen freeholders of a county awarding any pension pursuant to this act shall include...
- Section 40:11a-1 - Short Title
This act shall be known and may be cited as the "Parking Authority Law." L.1948, c. 198, p. 975, s. 1.
- Section 40:11a-2 - Declaration Of Necessity Of Legislation
It is hereby determined and declared: (a) That the greatly increased use by the public of motor vehicles of all kinds has caused serious...
- Section 40:11a-3 - Definitions
The following terms, wherever used or referred to in this act, shall have the following respective meanings, unless a different meaning clearly appears from...
- Section 40:11a-4 - Creation Of Parking Authorities
The governing body of any county or municipality may, by resolution or ordinance, as appropriate, create a public body corporate and politic and a...
- Section 40:11a-5 - Authority; Commissioners; Misconduct; Removal
No commissioner of any authority may be an officer or employee of the municipality or county for which the authority is created; provided, however,...
- Section 40:11a-6 - Powers And Purposes Of Authority
(1) Every parking authority shall constitute a public body corporate and politic and a political subdivision of the State with the same territorial boundaries...
- Section 40:11a-6.1 - Audit Of Accounts Of Parking Authority Annually; Filing
It shall be the duty of every "parking authority," created pursuant to the act to which this act is a supplement, to cause an...
- Section 40:11a-6.2 - Certified Copy Of Bond Resolution And Bond Proceedings; Filing
Every such "parking authority" shall file a certified copy of every bond resolution as finally passed with the Director of the Division of Local...
- Section 40:11a-6.3 - Senior Citizen Priority Parking Program Created By Municipal Parking Authority.
2. a. The commissioners of a municipal parking authority created pursuant to the provisions of P.L.1948, c.98 (C.40:11A-1 et seq.) by resolution, may create...
- Section 40:11a-7 - Right Of Eminent Domain
An authority shall have right to acquire by the exercise of the power of eminent domain any real property which it may deem necessary...
- Section 40:11a-7.1 - Relocation Or Removal Of Public Utility Facilities
Whenever an authority, or any municipality or county which has acquired by purchase or condemnation real property for any project or for the widening...
- Section 40:11a-8 - Bonds; Power To Issue.
8.Every authority shall have power to issue its bonds from time to time in its discretion for any of its corporate purposes, including: the...
- Section 40:11a-9 - Bonds; Liability
Neither the commissioners of an authority nor any person executing bonds shall be liable personally on the bonds by reason of the issuance thereof....
- Section 40:11a-10 - Bonds; Provisions
Bonds of an authority shall be authorized by its resolutions and may be issued in 1 or more series and shall bear such date...
- Section 40:11a-11 - Bonds; Validity
In case of any of the commissioners or officers of the authority whose signatures appear on any bonds or coupons shall cease to be...
- Section 40:11a-12 - Bonds; Powers Of Authority
In connection with the issuance of bonds or the incurring of obligations and in order to secure the payment of such bonds or obligations,...
- Section 40:11a-13 - Rights Of Obligees
An obligee of an authority shall have the right in addition to all other rights which may be conferred on such obligee, subject only...
- Section 40:11a-14 - Securing Bonds By Mortgage Or Trust Indenture; Powers Of Authority After Default; Pledge Of Revenue
(1) Any bonds or any issue or issues of bonds of an authority may, in the discretion of the authority, be secured by a...
- Section 40:11a-15 - Real Property Exempt From Levy
All real property of an authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial...
- Section 40:11a-16 - Bonds; Legal Investment For Banks And Trustees
Notwithstanding any restrictions on investments contained in any laws of this State, the State and all public officers, municipal corporations, political subdivisions, and public...
- Section 40:11a-17 - Contracts Respecting Labor And Materials
Subject to any of the foregoing provisions any authority may but without intending by this provision to limit any powers of such authority enter...
- Section 40:11a-18 - Powers Of Authority Pertaining To Other Governmental Agencies
In addition to the powers conferred upon any authority by other provisions of this act, every authority is empowered to borrow money or accept...
- Section 40:11a-19 - Taxation Exemption
Every parking project and all property of the parking authority are hereby declared to be public property of a political subdivision of the State...
- Section 40:11a-20 - Restriction On Alteration Of Powers
The provisions of this act shall constitute a part of any and all contracts entered into by an authority created hereunder for the benefit...
- Section 40:11a-21 - Municipal And County Co-operation
Any city, town, borough, village, township, or county, located in whole or in part within the area of operation of a parking authority organized...
- Section 40:11a-22 - Municipal Parking Authorities
(1) The municipality for which a parking authority shall have been created shall have the power from time to time, by or pursuant to...
- Section 40:11a-22.1 - Parking Enforcement Officer
As used in this act, a parking enforcement officer means a person appointed pursuant to this act to exercise the power and authority described...
- Section 40:11a-22.2 - Qualification For Appointment As Parking Enforcement Officer.
3.No person may be appointed as a parking enforcement officer unless the person: a.is a resident of this State during the term of appointment;...
- Section 40:11a-22.3 - Fingerprinting
Every applicant for the position of parking enforcement officer appointed pursuant to this act shall have fingerprints taken, which fingerprints shall be filed with...
- Section 40:11a-22.4 - Eligibility Determination
Before any parking enforcement officer is appointed pursuant to this act, the chief of police, or, in the absence of the chief, other chief...
- Section 40:11a-22.5 - Firearms Banned
No parking enforcement officer may carry a firearm while engaged in the actual performance of the officer's official duties. A parking enforcement officer shall...
- Section 40:11a-22.6 - Training Course
No person appointed after the effective date of this act may commence his duties as a parking enforcement officer unless that person has successfully...
- Section 40:11a-22.7 - Waiver
The training requirements set forth in section 7 of this act may be waived by the appointing authority for any person eligible to be...
- Section 40:11a-22.8 - Uniform
Every parking enforcement officer prior to the commencement of his duties shall be furnished with a uniform which shall identify the officer's function. The...
- Section 40:11a-22.9 - Insignia
Within six months following the effective date of this act, parking authorities shall issue permanent insignia. The appointing authority may issue temporary insignia for...
- Section 40:11a-22.10 - Fees
The parking authority may charge a reasonable fee for uniforms supplied pursuant to this act; however, the appointing authority shall not charge a fee...
- Section 40:11a-22.11 - Redesignation
All persons currently employed under the supervision and direction of a parking authority as special law enforcement officers and who are exercising the power...
- Section 40:11a-23 - Aid By Public Bodies
(1) For the purpose of aiding and co-operating in the planning, undertaking, construction or operation of parking projects of an authority, any public body...
- Section 40:11a-24 - Termination Of Authority
When any authority shall have finally paid and discharged all bonds or other obligations, which together with interest due thereon, shall have been secured...
- Section 40:11a-25 - Validity Of Chapter
Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this chapter,...
- Section 40:11a-26 - Inconsistent Laws
All general or special laws, or parts thereof, inconsistent herewith are hereby declared to be inapplicable to the exercise of the powers, duties and...
- Section 40:12-1 - Board Of Recreation Commissioners; Appointment, Terms.
40:12-1. a. The mayor or other chief executive officer of any municipality may in his or her discretion appoint not less than three nor...
- Section 40:12-1.1 - Appointment Of Alternate Members To Local Boards Of Recreation Commissioners
1. The governing body of any municipality or county may, by ordinance or resolution as appropriate, provide for the appointment to the board of...
- Section 40:12-2 - Additional Commissioners In Certain Municipalities
L.1930, c. 154, p. 576, entitled "A supplement to an act entitled "An act concerning playgrounds and recreation places in this state and providing...
- Section 40:12-3 - Acquisition Of Property; Costs Estimated And Determined
The board of recreation commissioners may acquire lands for public playgrounds and recreation places, by gift or purchase, and it shall from time to...
- Section 40:12-4 - Acquisition Of Property; Authorization; Condemnation
If such board or body by resolution authorizes the acquisition of such lands and appropriates a sum for the purchase and equipment thereof, or...
- Section 40:12-5 - Games And Exhibitions; Admission Fee; No Charge For Children
In order to provide the funds, in whole or in part, necessary to improve, maintain and police the playgrounds or recreation places under its...
- Section 40:12-6 - Powers Of Board Of Recreation Commissioners.
40:12-6. The board of recreation commissioners shall have full control over all lands, playgrounds and recreation places acquired or leased under the provisions of...
- Section 40:12-7 - Appropriation For Current Expenses; Office
The board or body having control of the finances of each county and municipality having playgrounds and recreation places shall annually fix, determine and...
- Section 40:12-8 - Costs And Expenses; Bonds; Special Fund
The money necessary to pay for lands purchased or condemned for such playgrounds and recreation places, and for providing and equipping the same, from...
- Section 40:12-9 - Joint Action By Municipalities Or By Municipality And School District Or County
Any two or more municipalities in any county or any municipality and the coterminous school district or any municipality and county may jointly acquire...
- Section 40:12-14 - Joint Municipal Action
40:12-14. Any two or more municipalities may jointly establish, maintain, and improve, or maintain and improve if already established, a public recreation system including...
- Section 40:12-15 - Forest Reserve As Public Park
The governing body of any county or municipality may enter into an agreement with the board of conservation and development for the maintenance of...
- Section 40:12-15.1 - Definitions Relative To Recreation, Conservation, Floodplain Protection, Farmland, And Historic Preservation.
1.As used in P.L.1997, c.24 (C.40:12-15.1 et seq.): "Acquisition" or "acquire" means the securing of a fee simple or a lesser interest in land,...
- Section 40:12-15.2 - Submission By County Of Proposition Authorizing Annual Levy.
2. a. (1) The governing body of any county may submit to the voters of the county in a general or special election a...
- Section 40:12-15.3 - Propositions Deemed Approved By Voters Of County.
3. a. Any county whose voters, prior to the effective date of P.L.1997, c.24 (C.40:12-15.1 et seq.), approved pursuant to P.L.1989, c.30 (C.40:12-16 et...
- Section 40:12-15.4 - Lands Acquired By County Held In Trust.
4.Lands acquired by a county using revenue raised pursuant to P.L.1997, c.24 (C.40:12-15.1 et seq.) shall be held in trust and shall be used...
- Section 40:12-15.5 - Apportionment By County Of Amounts Raised By Taxation.
5.Amounts raised by taxation for the purposes of P.L.1997, c.24 (C.40:12-15.1 et seq.) shall be apportioned by the county board of taxation among the...
- Section 40:12-15.6 - Adoption By County Of Resolution Authorizing Distribution Of Monies.
6. a. The governing body of any county in which the voters of the county have approved a proposition in accordance with P.L.1997, c.24...
- Section 40:12-15.7 - Submission By Municipality Of Proposition Authorizing Annual Levy.
7. a. (1) The governing body of any municipality may submit to the voters of the municipality in a general or special election a...
- Section 40:12-15.8 - Propositions Deemed Approved By Voters Of Municipality.
8.Any municipality whose voters, prior to the effective date of P.L.1997, c.24 (C.40:12-15.1 et seq.), approved pursuant to R.S.40:12-10 et seq. a proposition authorizing...
- Section 40:12-15.9 - Lands Acquired By Municipality Held In Trust.
9.Lands acquired by a municipality using revenue raised pursuant to P.L.1997, c.24 (C.40:12-15.1 et seq.) shall be held in trust and shall be used...
- Section 40:12-15.10 - Agreement With Charitable Conservancy, Non-profit Organization.
3. a. A local government unit may enter into an agreement with a charitable conservancy or other tax exempt nonprofit organization to acquire and...
- Section 40:12-16.1 - Adoption Of Prioritized List Of Eligible Farmland.
7.The county agriculture development board of a county in which the voters of the county have approved, in a general or special election, a...
- Section 40:12-20 - Findings, Declarations Relative To County, Municipal Parks
1. The Legislature finds and declares that county and municipal parks in the State are deteriorating due to a lack of proper maintenance, operation,...
- Section 40:12-21 - Definitions Relative To County, Municipal Parks
2. As used in this act: "Improvement" means, but is not necessarily limited to, construction, reconstruction, stabilization, repair, rehabilitation, renovation, or restoration of a...
- Section 40:12-22 - Agreements To Provide For Maintenance, Operation Or Improvement
3. Any local government unit may enter into an agreement with a business entity or nonprofit organization located within or near the local government...
- Section 40:12-23 - Provision Of Equipment, Materials, Supplies, Services
4. A local government unit may provide at no cost to a participating entity such equipment, materials, supplies, or services that the local government...
- Section 40:12-24 - Advertising, Promotion
5. A local government unit may advertise and promote a park maintenance, operation, or improvement agreement program established by the local government unit pursuant...
- Section 40:12-25 - Public Recognition Of Participating Entity
6. A local government unit may provide for appropriate public recognition of a participating entity, including, but not limited to: a. issuance of a...
- Section 40:12-26 - No Liability In Civil Actions, Insurance
7. a. Except where permitted by the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., no local government unit, or any employee or agent...
- Section 40:12-27 - Participating Entity, Not Public, State Employees
8. While performing park maintenance, operation, or improvement responsibilities pursuant to a park maintenance, operation, or improvement agreement entered into in accordance with this...
- Section 40:12-28 - Applicable Laws, Regulations
9. a. Nothing in this act may be construed to supersede the provisions of R.S.40:12-1 et seq., R.S.40:61-1 et seq., chapters 32 and 37...
- Section 40:12-29 - Donations, Solicitation Authorized
1. Subject to all relevant laws, rules or regulations, any county or municipality, or any entity or agency thereof, may solicit and accept donations,...
- Section 40:13-1 - Contracts For Public Health Service
Any county and one or more municipalities therein, and one or more school districts therein, or any of them may enter into a joint...
- Section 40:13-2 - Contract; Contents
In order to provide such public health service, the joint contract between any county and one or more municipalities, or one or more school...
- Section 40:13-3 - Health Society Recognized As Regular Health Organization
Where any such contract is made for such public health work by any regularly organized health society, board or association, before the making thereof...
- Section 40:13-4 - Contract Not To Exceed Three Years; Advertisement For Bids Unnecessary
The contract may be for one or more years, not exceeding three, as the governing bodies of such county, municipality and school district may...
- Section 40:14-1 - Opening And Keeping Open Waterways; Bonds; Control
Any county or municipality may by ordinance open or keep open any inlet, stream, canal, basin or other public waterway within the limits of...
- Section 40:14-2 - County Or Municipal Appropriations To Port Or Harbor Commission
The governing body of any county or municipality may raise, appropriate, set aside and devote money or property to the use of any port,...
- Section 40:14-3 - Improvement Of Waterways; Joint Contracts.
40:14-3. Whenever any one or more counties and municipalities shall have flowing through their respective boundaries and borders, any inland waterways or navigable stream,...
- Section 40:14-4 - Joint Action; Authorization; Plans And Specifications.
40:14-4. Whenever the work of increasing the depth or width or both of such inland waterways or navigable stream is contemplated, each county and...
- Section 40:14-5 - Work Done As Local Or General Improvement; Notice.
40:14-5. The work authorized and mentioned in chapter 14 of Title 40 of the Revised Statutes (R.S.40:14-1 et seq.) may be done either as...
- Section 40:14-6 - Work Done By Contract.
40:14-6. All work to be done pursuant to the provisions of chapter 14 of Title 40 of the Revised Statutes (R.S.40:14-1 et seq.), shall...
- Section 40:14-7 - Bonds; Law Applicable
Bonds and temporary improvement notes may be issued by each or any of the counties or municipalities joining in such agreement and work, to...
- Section 40:14-8 - Assessments For Benefits
If the work herein provided for is done as a local improvement, assessment of benefits shall be made in accordance with the provisions of...
- Section 40:14-9 - Individual Powers Of County Or Municipality Unaffected
Nothing in this article contained shall deprive any county or municipality, from doing any of the work herein provided for, without joining with any...
- Section 40:14-10 - Freeholders May Appropriate Money For Digging Channels; Bulkheads
The board of chosen freeholders of any county bordering on the ocean may, in its discretion, appropriate a sum of money, not exceeding seventy-five...
- Section 40:14-11 - Municipalities May Contribute To Expense
The governing bodies of any municipalities in or through which such inlet is to be opened, constructed or improved or bordering upon such inlet,...
- Section 40:14-12 - Money Voted Contingently
The moneys appropriated for such purpose by the municipality may be voted contingently upon the voting of a certain definite sum for that purpose...
- Section 40:14-13 - Borrowing Money Appropriated; Expenditure
When such appropriations shall be made and the money voted, the boards of chosen freeholders and the governing bodies of the municipalities appropriating the...
- Section 40:14-14 - Money Raised By Taxation
The moneys so appropriated with a sum sufficient to meet the interest thereon shall be included in the next annual tax levy of the...
- Section 40:14-15 - Erosion Prevention; Bulkheads And Structures; Expense; Resolution
Any county or municipality bordering on the Delaware river may, subject to the provisions of section 12:5-3 of the Revised Statutes, erect and construct...
- Section 40:14-16 - Authorization To Establish; Policy
a. Any two or more municipalities within this State, alone, or together with one or more counties, may establish a joint commission for the...
- Section 40:14-17 - Establishment By Ordinance Or Resolution; Terms
The establishment of such joint commission shall be by ordinance, in the case of a municipality, and by resolution, in the case of a...
- Section 40:14-18 - Members; Appointment; Term Of Office; Alternate Representatives; Compensation
a. Each municipality and county shall have two members on the commission. b. Each member shall be appointed by the governing body of the...
- Section 40:14-19 - Organization; Chairman; Rules; Records
a. The commission shall organize annually and shall elect one of its members to be its chairman. The chairman may be reelected. It may...
- Section 40:14-20 - Advisory Members
A commission may invite, as advisory members, representatives of the Department of Environmental Protection, representatives of any county park commission of any participating county,...
- Section 40:14-21 - Appropriations; Application For And Acceptance Of Grants In Aid; Surveys And Studies
a. Participating municipalities and counties are hereby authorized to make such appropriations to the commission as may be necessary for the carrying on of...
- Section 40:14-22 - Powers And Duties
a. Within the limits of the funds available to it, the commission shall have the power to employ the services of such agents, employees,...
- Section 40:14-23 - Unauthorized Powers
Nothing herein contained shall authorize the acquisition by any commission organized in accordance with this act of any property or interests therein, by condemnation...
- Section 40:14-24 - Individual Flood Control Action By County Or Municipality
The establishment of any commission in accordance with this act shall in no way impair or diminish the powers of any municipality or county...
- Section 40:14a-1 - Citation Of Act
This act shall be known and may be cited as the "sewerage authorities law." L.1946, c. 138, p. 639, s. 1, eff. April 23,
- Section 40:14a-2 - Declaration Of Policy; Purpose
It is hereby declared to be in the public interest and to be the policy of the State to foster and promote by all...
- Section 40:14a-3 - Definitions.
3.As used in this act, unless a different meaning clearly appears from the context: (1)"Municipality" shall mean any city of any class, any borough,...
- Section 40:14a-4 - Creation Of Sewerage Authorities
4. (a) The governing body of any county may, by resolution duly adopted, create a public body corporate and politic under the name and...
- Section 40:14a-4.1 - Name Change To Water Reclamation Authority, Permitted
2.Notwithstanding the provisions of any law, ruleor regulation to the contrary, an authority created pursuant to section 4 of P.L.1946, c.138 (C.40:14A-4) by ordinance...
- Section 40:14a-5 - Powers Of Sewerage Authority.
5. (a) The powers of a sewerage authority shall be vested in the members thereof in office from time to time. A majority of...
- Section 40:14a-6 - Sewers; Acquisition; Operation
(a) The purposes of every sewerage authority shall be the relief of waters in or bordering the State from pollution arising from causes within...
- Section 40:14a-7 - Sewerage Authority A Public Body Corporate; Powers.
7.Every sewerage authority shall be a public body politic and corporate constituting a political subdivision of the State established as an instrumentality exercising public...
- Section 40:14a-7.1 - Audit Of Accounts Of Sewerage Authority Annually; Filing
It shall be the duty of every "sewerage authority," created pursuant to the act to which this act is a supplement, to cause an...
- Section 40:14a-7.2 - Certified Copies Of Bond Resolutions And Proceedings; Filing
Every such "sewerage authority" shall file a certified copy of every bond resolution as finally passed with the Director of the Division of Local...
- Section 40:14a-7.3 - Interest On Deposits With Sewerage Authorities
Whenever a sewerage authority requires a person to deposit an amount of money exceeding $5,000.00 for professional services employed by the sewerage authority, for...
- Section 40:14a-7.4 - Service Charge By Sewerage Authority For Returned Check
1. a. A sewerage authority created pursuant to the provisions of P.L.1946, c.138 (C.40:14A-1 et seq.) may, by resolution, provide for the imposition of...
- Section 40:14a-8 - Service Charges Authorized.
8. (a) Every sewerage authority is hereby authorized to charge and collect rents, rates, fees or other charges (in this act sometimes referred to...
- Section 40:14a-8.1 - Definitions; Host Community Benefit
1. a. As used in this act: "Residential property" means any building or part of a building used, to be used or held for...
- Section 40:14a-8.2 - Establishment Of Rates Or Schedules For Senior Citizens, Disabled
1. Any county or municipal sewerage authority or county or municipal utilities authority may establish within its district rates or schedules which provide for...
- Section 40:14a-8.3 - Reduction In Fees By Sewerage Authority For Certain Affordable Housing Projects.
2. a. A county, regional or municipal sewerage authority shall establish within its rates or schedules a 50% reduction in the connection fee or...
- Section 40:14a-8.4 - Credit Provided By Sewerage Authority For Damage Caused By Catastrophic Event.
2. a. For a unit damaged by a catastrophic event, a county, regional or municipal sewerage authority shall provide, within two years after the...
- Section 40:14a-9 - Appropriations By Local Unit To Sewerage Authority; Construction, Financing And Operation Of Sewage Facilities By Local Unit
a. Any local unit shall have power, in the discretion of its governing body, to appropriate moneys for the purposes of the sewerage authority,...
- Section 40:14a-10 - Bonds; Issuance Authorized
For the purpose of raising funds to pay the cost of any part of its sewerage system, a sewerage authority shall have power to...
- Section 40:14a-11 - Resolution For Issuance Of Bonds; Ordinance; Sale Of Bonds
(a) A bond resolution of a sewerage authority may provide for the issuance of bonds of the local unit or units in accordance with...
- Section 40:14a-12 - Funding Or Refunding Bonds
(a) A bond resolution of a sewerage authority may provide for and authorize the issuance of bonds of the sewerage authority in accordance with...
- Section 40:14a-13 - Interim Certificates Or Bonds
After sale of any bonds pursuant to section eleven or section twelve of this act, the sewerage authority shall have power to authorize the...
- Section 40:14a-14 - Filing Copy Of Bond Resolution; Publication Of Notice; Objections
Any sewerage authority may cause a copy of any bond resolution adopted by it to be filed for public inspection in its office and...
- Section 40:14a-15 - Negotiability Of Bonds
Any provision of any law to the contrary notwithstanding, any bond or other obligation issued pursuant to this act shall be fully negotiable within...
- Section 40:14a-16 - Provisions Authorized In Bond Resolution
Any bond resolution of a sewerage authority providing for or authorizing the issuance of any bonds may contain provisions, and such sewerage authority, in...
- Section 40:14a-17 - Series Of Bonds; Default; Trustee For Holders
(a) The provisions of this section shall be applicable to a series of bonds authorized or issued under this act only if the bond...
- Section 40:14a-18 - Receiver; Powers
If a bond resolution of a sewerage authority authorizing or providing for the issuance of the bonds of any series shall contain the provision...
- Section 40:14a-19 - Liability On Bonds; Exemptions
Neither the members of the sewerage authority nor any person executing bonds issued pursuant to this act shall be liable personally on the bonds...
- Section 40:14a-20 - Real Property; Acquisition
Every sewerage authority is hereby empowered, in its own name but for the local unit or units, to acquire by purchase, gift, grant or...
- Section 40:14a-21 - Interest On Service Charges; Liens; Enforcement
(a) In the event that a service charge of any sewerage authority with regard to any parcel of real property shall not be paid...
- Section 40:14a-22 - Sale Or Lease Of Property By County Or Municipality To Sewerage Authority
Any county, by resolution of its governing body, or any municipality, by ordinance of its governing body, or any other person is hereby empowered,...
- Section 40:14a-23 - Contracts For Collection, Treatment Or Disposal Of Sewage; Powers Of Sewage Authority
Any sewerage authority, for the carrying out and effectuation of its purposes, and (a) any of the local units or (b) any other municipality...
- Section 40:14a-24 - Sewage And Industrial Wastes
In order to carry out and effectuate its purposes, any sewerage authority, subject to its contracts with the holders of any bonds, is hereby...
- Section 40:14a-25 - Connections With Existing Drains And Pumping Stations
(a) In order to carry out and effectuate its purposes, every sewerage authority is hereby authorized to enter upon and use and connect with...
- Section 40:14a-26 - Connections With Drains Serving County And Other Property; Service Charges
(a) Each county and municipality within the district, and every person owning or operating any sewer or drain or any system of water distribution...
- Section 40:14a-27 - Mortgage Or Sale Of Property Of Authority; Limitations; Exemption
Neither the sewerage authority nor any local unit shall have power to mortgage, pledge, encumber or otherwise dispose of any part of the sewerage...
- Section 40:14a-28 - Pollution Prohibited; Prevention Of Violations
(a) No county, municipality or person shall discharge, or suffer to be discharged, directly or indirectly into any waters in or bordering a district...
- Section 40:14a-29 - Construction Of Other Disposal Plants Prohibited
No sewage disposal plant or other facilities for the collection, treatment or disposal of sewage arising within a district shall be constructed unless the...
- Section 40:14a-30 - Investments In Sewerage Authority Bonds Authorized
Notwithstanding any restriction contained in any other law, the State and all public officers, municipalities, counties, political subdivisions and public bodies, and agencies thereof,...
- Section 40:14a-31 - Taxation Exemption
Every sewerage system and all other property of a sewerage authority are hereby declared to be public property of a political subdivision of the...
- Section 40:14a-31.1 - Eligibility For Annual Host Municipality Benefit; Calculation
1. Notwithstanding the provisions of any law, rule or regulation to the contrary, a municipality with a population greater than 6,150 persons but less...
- Section 40:14a-31.2 - Payment Of Benefit
2. a. An authority subject to the provisions of this act shall annually pay the appropriate municipality the full amount of the benefit provided...
- Section 40:14a-31.3 - Benefit Constitutes Personal Obligation Of Authority
3. The host municipality benefit provided for under this act shall constitute a personal obligation of the appropriate authority, and shall be enforced through...
- Section 40:14a-32 - Pledge Of State To Bondholders
The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds issued pursuant to a bond...
- Section 40:14a-33 - Depositary Bonds Required Of Banking Institutions
All banks, bankers, trust companies, savings banks, investment companies and other persons carrying on a banking business are hereby authorized to give to any...
- Section 40:14a-34 - Repeal Section
Article three of chapter sixty-three of Title 40, Municipalities and Counties, of the Revised Statutes (R.S. s. 40:63-140 et seq.), is hereby repealed. L.1946,...
- Section 40:14a-35 - Liberal Construction; Independent Authority
This act shall be construed liberally to effectuate the legislative intent and as complete and independent authority for the performance of each and every...
- Section 40:14a-36 - Jurisdiction, Rights Of State Agencies Unaffected.
36.Nothing herein contained shall in any way affect or limit the jurisdiction or rights of the State Department of Health and Senior Services, Interstate...
- Section 40:14a-37 - Severability Clause
If any section, subsection, clause or provision of this act shall be adjudged unconstitutional or to be ineffective in whole or in part, to...
- Section 40:14a-38 - Findings, Declarations Relative To Utility Improvements For Sewers
1.The Legislature hereby finds and declares that: a.It is necessary for the protection of the public health and safety that sewerage authorities review and...
- Section 40:14a-39 - Definitions Relative To Utility Improvements For Sewers
2.As used in sections 3 through 8 of P.L.1999, c.11 (C.40:14A-40 through C.40:14A-45), "developer" means the legal or beneficial owner or owners of a...
- Section 40:14a-40 - Conditions Of Final Site Plan Approval
3. a. Before recording of final subdivision plats or as a condition of final site plan approval, the sewerage authority may require and shall...
- Section 40:14a-41 - Payments To Professionals For Services Rendered To Sewerage Authority
4. a. The chief financial officer of a sewerage authority shall make all of the payments to professionals for services rendered to the sewerage...
- Section 40:14a-42 - Maintenance, Performance Guarantee; Cash Requirement
5.A sewerage authority shall not require that a maintenance guarantee required pursuant to section 3 of P.L.1999, c.11 (C.40:14A-40) be in cash or that...
- Section 40:14a-43 - Disputes By Applicant Of Charges Made By Professional; Appeal
6. a. An applicant shall notify in writing the sewerage authority with copies to the chief financial officer and the professional whenever the applicant...
- Section 40:14a-44 - Estimate Of Cost Of Installation Of Improvements
7.The cost of the installation of improvements for the purposes of section 3 of P.L.1999, c.11 (C.40:14A-40) shall be estimated by the sewerage authority...
- Section 40:14a-45 - Acceptance Of Performance, Maintenance Guarantee Which Is Irrevocable Letter Of Credit
8.The sewerage authority shall, for the purposes of section 3 of P.L.1999, c.11 (C.40:14A-40), accept a performance guarantee or maintenance guarantee which is an...
- Section 40:14b-1 - Citation
This act shall be known and may be cited as the "municipal and county utilities authorities law." L.1957, c. 183, p. 634, s. 1,...
- Section 40:14b-2 - Policy
It is hereby declared to be in the public interest and to be the policy of the State to foster and promote by all...
- Section 40:14b-3 - Definitions.
3.As used in this act, unless a different meaning clearly appears from the context: (1)"Municipality" shall mean any city of any class, any borough,...
- Section 40:14b-4 - Utilities Authorities
a. Any governing body may, in the case of a county by resolution or ordinance duly adopted, or in the case of a municipality...
- Section 40:14b-4.1 - Name Change To Water Reclamation Authority, Permitted
4.Notwithstanding the provisions of any law, rule or regulation to the contrary, a utilities authority created pursuant to sections 4, 5 or 6 of...
- Section 40:14b-5 - Membership Of Joint Municipal Utilities Authorities; Staggered Terms; Vacancies
5.The governing bodies of any two or more municipalities, the areas of which together comprise an integral body of territory, may, by parallel ordinances...
- Section 40:14b-6 - Reorganization Of Sewerage Authority
a. The governing body of any municipality which shall have created a sewerage authority may, by ordinance duly adopted, provide and determine that said...
- Section 40:14b-7 - Filing Of Recognition Ordinance Or Resolution
A copy of each resolution or ordinance for the creation of a municipal authority or resolution or ordinance for the reorganization of a sewerage...
- Section 40:14b-8 - Filing Of Resolution Appointing Authority Member
A copy of each resolution appointing any member of a municipal authority adopted pursuant to this act, duly certified by the appropriate officer of...
- Section 40:14b-9 - Single Authority
No governing body of any county which may create any municipal authority pursuant to this act or which records the reorganization of any preexisting...
- Section 40:14b-10 - Limited Area
In the event that prior to the creation of a municipal authority of a county the governing body of any municipality located in said...
- Section 40:14b-11 - Election Of Municipalities Within County To Become Part Of County District
Within 10 days after the filing in the office of the Secretary of State of a certified copy of a resolution for the creation...
- Section 40:14b-12 - Separations From Districts
The governing body of any municipality constituting less than the whole of the district of a municipal authority may at any time adopt an...
- Section 40:14b-13 - Dissolution Of Authority
The governing body of any local unit which has created or caused the organization of a municipal authority pursuant to section 4 or section...
- Section 40:14b-13.1 - New Sewerage System Authorized
Notwithstanding the provisions of P.L. 1957, c. 183 (C. 40:14B-1 et seq.) or any other law to the contrary, the governing body of any...
- Section 40:14b-14 - Powers Vested In Members, Quorum; Minutes, Approval.
14. a. The powers of a municipal authority shall be vested in the members thereof in office from time to time. A majority of...
- Section 40:14b-15 - Conflicting Interests
No member, officer or employee of a municipal authority shall have or acquire any interest, direct or indirect, in the utility system or in...
- Section 40:14b-16 - Term Of Member; Removal; Hearing
Each member of a municipal authority shall hold office for the term for which he was appointed and until his successor has been appointed...
- Section 40:14b-17 - Compensation To Members
A municipal authority may reimburse its members for necessary expenses incurred in the discharge of their duties. The resolution, ordinance or parallel ordinances for...
- Section 40:14b-18 - Employees Of Municipal Authorities
Every municipal authority, upon the first appointment of its members and thereafter on or after February 1 in each year, shall annually elect from...
- Section 40:14b-19 - Purposes, Acquisition Of Facilities; Alternative Electrical Energy.
19. (a) The purposes of every municipal authority shall be (1) the provision and distribution of an adequate supply of water for the public...
- Section 40:14b-20 - Powers.
20.Every municipal authority shall be a public body politic and corporate constituting a political subdivision of the State established as an instrumentality exercising public...
- Section 40:14b-20.1 - Interest On Deposits With Municipal Authorities
Whenever a municipal authority requires a person to deposit an amount of money exceeding $5,000.00 for professional services employed by the municipal authority, for...
- Section 40:14b-20.2 - Service Charge By Utility Authority For Returned Check
2. a. A utilities authority created pursuant to the provisions of P.L.1957, c.183 (C.40:14B-1 et seq.) may, by resolution, provide for the imposition of...
- Section 40:14b-20.3 - Use Of Municipal Utilities Authority Funds For Joint Acquisition Of Land For Recreation, Conservation Purposes.
1. a. A municipal utilities authority may expend any of its funds for the joint acquisition of land for recreation and conservation purposes with...
- Section 40:14b-21 - Water Service Charges.
21. a. Every municipal authority is hereby authorized to charge and collect rents, rates, fees or other charges (in this act sometimes referred to...
- Section 40:14b-21.1 - Hydroelectric Power; Sale At Wholesale; Authority To Charge And Collect Rents, Rates, Fees Or Other Charges
Every municipal authority is hereby authorized to charge and collect rents, rates, fees or other charges for sale of hydroelectric power at wholesale. L.1980,...
- Section 40:14b-22 - Sewerage Service Charges.
22. Every municipal authority is hereby authorized to charge and collect rents, rates, fees or other charges (in this act sometimes referred to as...
- Section 40:14b-22.1 - Solid Waste Service Charges
15. Every municipal authority is hereby authorized to charge and collect rents, rates, fees or other charges (in this act sometimes referred to as...
- Section 40:14b-22.2 - Reduced, Abated Rents, Rates, Fees For Senior Citizens, Disabled
1. Any municipal or county authority may establish within its district rates or schedules which provide for a reduction or total abatement of the...
- Section 40:14b-22.3 - Utilities Authority, Reduced Fees For Certain Affordable Housing Projects.
5. a. A county, regional or municipal utilities authority shall establish within its rates or schedules a 50% reduction in the connection fee or...
- Section 40:14b-22.4 - Credit Provided By Utilities Authority For Damage Caused By Catastrophic Event.
5. a. For a unit damaged by a catastrophic event, a county, regional or municipal utilities authority shall provide, within two years after the...
- Section 40:14b-23 - Municipal Authorities
Every municipal authority shall prescribe and from time to time when necessary revise a schedule of all its service charges, which may provide a...
- Section 40:14b-23.1 - Definitions; Host Community Benefit.
2. a. As used in this section: "Residential property" means any building or part of a building used, to be used or held for...
- Section 40:14b-24 - Appropriation Of Funds By Local Unit; Construction, Financing And Operation Of Facilities By Local Unit
a. Any local unit shall have power, in the discretion of its governing body, to appropriate moneys for the purposes of the municipal authority,...
- Section 40:14b-25 - Bond Resolution
For the purpose of raising funds to pay the cost of any part of its utility system or for the purpose of funding or...
- Section 40:14b-26 - Issuance Of Bonds
Upon adoption of a bond resolution, a municipal authority shall have power to incur indebtedness, borrow money and issue its bonds for the purpose...
- Section 40:14b-27 - Sale Of Bonds
Bonds of a municipal authority may be sold by the municipal authority at public or private sale at such price or prices as the...
- Section 40:14b-28 - Publication Of Bond Resolution; Limitation On Actions
Any municipal authority may cause a copy of any bond resolution adopted by it to be filed for public inspection in its office and...
- Section 40:14b-29 - Negotiability Of Bonds
Any provision of any law to the contrary notwithstanding, any bond or other obligation issued pursuant to this act shall be fully negotiable within...
- Section 40:14b-30 - Agreements With Holders Of Bonds
Any bond resolution of a municipal authority providing for or authorizing the issuance of any bonds may contain provisions, and such municipal authority, in...
- Section 40:14b-31 - Bond Provisions
(a) If the bond resolution of a municipal authority authorizing or providing for the issuance of a series of its bonds shall provide in...
- Section 40:14b-32 - Receivers
If the bond resolution of a municipal authority authorizing or providing for the issuance of a series of its bonds shall provide in substance...
- Section 40:14b-33 - Liability On Bonds
Neither the members of the municipal authority nor any person executing bonds issued pursuant to this act shall be liable personally on the bonds...
- Section 40:14b-34 - Eminent Domain
Every municipal authority is hereby empowered, in its own name but for the local unit or units, to acquire by purchase, gift, grant or...
- Section 40:14b-40 - Additional Powers.
40. a. In addition to other powers conferred by this act or by any other law, and not in limitation thereof, every municipal authority,...
- Section 40:14b-40.1 - Findings, Declarations Relative To Infrastructure Maintenance.
1.The Legislature finds and declares that: Infrastructure maintenance and repair are vital to the economy and quality of life in the State of New...
- Section 40:14b-40.2 - Pilot Program To Allow County Utilities Authorities To Fund Infrastructure Improvements.
2. a. There is established a pilot program to evaluate the efficiency and functionality of allowing county utilities authorities in certain counties, through the...
- Section 40:14b-41 - Interest On Unpaid Service Charges
In the event that a service charge of any municipal authority with regard to any parcel of real property shall not be paid as...
- Section 40:14b-42 - Lien For Service Charge
In the event that a service charge of any municipal authority with regard to any parcel of real property owned by any person other...
- Section 40:14b-43 - Failure To Pay Service Charge; Shut Off Of Service
In the event that any service charge of any municipal authority with regard to any parcel of real property shall not be paid as...
- Section 40:14b-44 - Failure To Pay Sewer Service Charge; Shut Off Of Water
In the event that a sewer service charge of any municipal authority with regard to any parcel of real property shall not be paid...
- Section 40:14b-45 - Enforcement Of Service Charges
The collector or other officer of every municipality charged by law with the duty of enforcing municipal liens on real property shall enforce, with...
- Section 40:14b-46 - Civil Action To Recover Unpaid Service Charge
In the event that any service charge of a municipal authority shall not be paid as and when due, the unpaid balance thereof and...
- Section 40:14b-47 - Cumulative And Concurrent Rights And Remedies
All rights and remedies granted by this act for the collection and enforcement of service charges shall be cumulative and concurrent. L.1957, c. 183,...
- Section 40:14b-48 - Grant Of Utilities To Authority
Any county, by resolution of its governing body, or any municipality, by ordinance of its governing body, or any other person is hereby empowered,...
- Section 40:14b-49 - Contracts For Treatment And Disposal Of Sewage Or Solid Waste
Any municipal authority for the carrying out and effectuation of its purposes, and (a) any of the local units (b) any other municipality whether...
- Section 40:14b-50 - Effectuating Terms Of Contracts
In order to carry out and effectuate its purposes, any municipal authority, subject to its contracts with the holders of any bonds, is hereby...
- Section 40:14b-51 - Connections With Or Closing Off Other Public Facilities
In order to carry out and effectuate its purposes, every municipal authority is hereby authorized to enter upon and connect with any existing public...
- Section 40:14b-52 - Use Of Public Places
In order to carry out and effectuate its purposes, every municipal authority is hereby authorized to construct, maintain and operate its utility system along,...
- Section 40:14b-53 - Availability Of Maps, Plans, Specifications, Records, Books And Accounts
Each county and municipality within the district, and every person owning or operating any sewer or drain or any system of water distribution serving...
- Section 40:14b-54 - Payment Of Service Charges Owed By Public Bodies
Each county, municipality and other public body shall promptly pay to any municipal authority all service charges which the municipal authority may charge to...
- Section 40:14b-55 - Connections With Sewerage System Required
Each county, municipality and other person owning or operating any sewer or drain which serves 3 or more parcels of real property in the...
- Section 40:14b-56 - Reports By Water Distributors Within District
Each county, municipality and other person owning or operating any system of water distribution serving 3 or more parcels of real property in the...
- Section 40:14b-57 - Stoppage Of Water By Water Distributor
Each county and municipality owning or operating any system of water distribution serving 3 or more parcels of real property in the district shall,...
- Section 40:14b-58 - Disposal Or Encumbrance Of Utility
Neither the municipal authority nor any local unit shall have power to mortgage, pledge, encumber or otherwise dispose of any part of the utility...
- Section 40:14b-59 - Exemption From Levy
All property of a municipal authority shall be exempt from levy and sale by virtue of an execution and no execution or other judicial...
- Section 40:14b-60 - Discharge Of Sewage; Discharges Into Sewage, Solid Waste Or Water Systems; Violations; Injunction
(a) No county, municipality or person shall discharge or suffer to be discharged directly or indirectly into any waters in or bordering a district...
- Section 40:14b-61 - Approval Of Sewage Disposal Plants Within District
No sewage disposal plant or other facilities for the collection, treatment or disposal of sewage arising within a district shall be constructed unless the...
- Section 40:14b-62 - Investment In Bonds Of Authority
Notwithstanding any restriction contained in any other law, the State and all public officers, municipalities, counties, political subdivisions and public bodies, and agencies thereof,...
- Section 40:14b-63 - Tax Exemptions
Every utility system and all other property of a municipal authority are hereby declared to be public property of a political subdivision of the...
- Section 40:14b-64 - Guarantee Of Vested Rights Of Bondholders
The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds issued pursuant to a bond...
- Section 40:14b-65 - Undertakings For Deposits Of Municipal Authority
All banks, bankers, trust companies, savings banks, investment companies and other persons carrying on a banking business are hereby authorized to give to any...
- Section 40:14b-66 - Annual Audit
Each municipal authority shall cause an annual audit of its accounts to be made, and for this purpose it shall employ a registered municipal...
- Section 40:14b-67 - Filing Of Copy Of Bond Resolution
Each municipal authority shall file a copy of each bond resolution adopted by it with the Director of the Division of Local Government in...
- Section 40:14b-68 - Construction Of Act.
68.This act shall be construed liberally to effectuate the legislative intent and as complete and independent authority for the performance of each and every...
- Section 40:14b-69 - Severability
If any section, subsection, clause or provision of this act shall be adjudged unconstitutional or to be ineffective in whole or in part, to...
- Section 40:14b-71 - Findings, Declarations Relative To Municipal Review, Approval Of Plans For Utility Improvements
9.The Legislature hereby finds and declares that: a.It is necessary for the protection of the public health and safety that municipal authorities review and...
- Section 40:14b-72 - Definitions Relative To Municipal Review, Approval Of Plans For Utility Improvements
10. As used in sections 11 through 16 of P.L.1999, c.11 (C.40:14B-73 through C.40:14-B-78), "developer" means the legal or beneficial owner or owners of...
- Section 40:14b-73 - Conditions Of Final Site Plan Approval
11. a. Before recording of final subdivision plats or as a condition of final site plan approval, the municipal authority may require and shall...
- Section 40:14b-74 - Payments To Professionals For Services Rendered To Municipal Authority
12. a. The chief financial officer of a municipal authority shall make all of the payments to professionals for services rendered to the municipal...
- Section 40:14b-75 - Maintenance, Performance Guarantee; Cash Requirement
13.A municipal authority shall not require that a maintenance guarantee required pursuant to section 11 of P.L.1999, c.11 (C.40:14B-73) be in cash or that...
- Section 40:14b-76 - Disputes By Applicant Of Charges Made By Professional; Appeal
14. a. An applicant shall notify in writing the municipal authority with copies to the chief financial officer and the professional whenever the applicant...
- Section 40:14b-77 - Estimate Of Cost Of Installation Of Improvements
15.The cost of the installation of improvements for the purposes of section 11 of P.L.1999, c.11 (C.40:14B-73) shall be estimated by the municipal authority...
- Section 40:14b-78 - Acceptance Of Performance, Maintenance Guarantee Which Is Irrevocable Letter Of Credit
16. The municipal authority shall, for the purposes of section 11 of P.L.1999, c.11 (C.40:14B-73), accept a performance guarantee or maintenance guarantee which is...
- Section 40:15a-1 - Definitions Relative To Yellow Dot Programs.
1.For the purposes of this act: "Emergency responder" means a municipal, county, or State law enforcement officer or firefighter or other person who has...
- Section 40:15a-2 - "Yellow Dot Program," Establishment Permitted.
2. a. The local governing body of any county or municipality in this State may establish a "Yellow Dot Program." The purpose of a...
- Section 40:15a-3 - Program Materials.
3. a. In implementing a Yellow Dot Program and designing program materials, a local governing body shall give consideration to the program materials used...
- Section 40:15a-4 - Availability Of Program Materials; Fee.
4. a. Any local governing body that establishes a Yellow Dot Program pursuant to this act shall make program materials available for pick up...
- Section 40:15a-5 - Immunity From Liability For Certain Civil Damages.
5.An emergency responder is not liable for any civil damages as a result of any acts or omissions undertaken in response to incomplete, incorrect,...
- Section 40:16-1 - Construction Of Subtitle Favorably To Counties
In construing the provisions of this subtitle, all courts shall construe the same most favorably to counties.
- Section 40:16-2 - Tenure Of Office Unaffected
Nothing in this subtitle contained shall be construed to affect the term of office of any officer of the county, or any member of...
- Section 40:18-1 - Corporate Title; Boundaries Unaffected
The corporate title of the several counties shall be "county of (name of county)" . The inhabitants of each of the several counties shall...
- Section 40:18-2 - County Vested With All Property; Proceedings Unaffected
Every county, by its corporate name, shall succeed to and become vested with all property, real and personal, now held by the county or...
- Section 40:18-3 - Corporate Powers; Acquisition And Sale Of Property
Every county shall have perpetual succession, may sue and be sued, have a common seal, and purchase, acquire, lease, hold, let and convey real...
- Section 40:18-4 - Acts Creating Counties And Affecting The Boundaries Thereof
The following acts creating counties, and establishing or otherwise affecting the boundaries thereof are hereby saved from repeal: 1. Rev.1877, pp. 198, 199, s.s....
- Section 40:18-4.1 - Camden, Atlantic And Gloucester Counties; Boundary Lines
The boundary line between the counties of Camden, Atlantic and Gloucester, between the points hereinafter mentioned is hereby fixed and shall hereafter be stated...
- Section 40:18-4.2 - Annexation To Borough Of Matawan, Monmouth County, Of Part Of Township Of Madison, Middlesex County
All that part of the township of Madison, in the county of Middlesex, and bounded as follows: Beginning at a concrete monument set by...
- Section 40:18-4.3 - Monmouth And Middlesex Counties; Boundary Lines
The boundary line between the county of Middlesex and the county of Monmouth at this place be, and the same hereby is, made and...
- Section 40:19-1 - Change Of County Seat
The county seat of any county may be changed from one municipality to another therein, in the manner hereafter in this chapter provided.
- Section 40:19-2 - Resolution; Submission To Voters
In order to effect the change, the board of chosen freeholders shall adopt a resolution that the county seat shall be changed to a...
- Section 40:19-3 - Petition For Resolution; Resolution On Initiative Of Board
If a petition signed by at least twenty per cent of the legal voters of the county shall be presented to the board, requesting...
- Section 40:19-4 - Referendum
Upon the passage of the resolution, the clerk of the board of chosen freeholders shall forthwith transmit a certified copy thereof to the proper...
- Section 40:19-5 - Ballot; Form And Content
The question shall be printed upon the ballots to be used at the election in substantially the following form: "To vote upon the public...
- Section 40:19-6 - Submission At General Election; Law Applicable
The question shall be voted upon at said next general election, and the votes shall be canvassed, and the result determined and announced in...
- Section 40:19-7 - Vote Required For Adoption; Board To Provide Accommodations
If a majority of the legal voters voting at the election shall vote YES the board of chosen freeholders shall thereupon provide suitable lands...
- Section 40:19-8 - Courts And County Officers Established In New County Seat
After the acquisition and furnishing of such buildings, the courts of the county and all the county officers shall be established therein. Amended by...
- Section 40:19-9 - Resubmission
A vote upon such question shall not be taken oftener than once in five years in the same county.
- Section 40:19a-1 - Counties Of Third Class; Establishment Of Offices Outside County Seat And County Jail
The governing body of any county of the third class may, by resolution or ordinance, as appropriate, provide for the establishment and maintenance of...
- Section 40:20-1 - Board Of Chosen Freeholders
The property, finances and affairs of every county shall be managed, controlled and governed by a board elected therein, to be known as "the...
- Section 40:20-1.1 - Quarterly Fiscal Reports
Notwithstanding the provisions of any law to the contrary, all boards, bodies or commissions appointed by the board of chosen freeholders of a county...
- Section 40:20-1.2 - Grant Of Powers
The grant of powers under this amendatory and supplementary act is intended to be as broad as is consistent with the Constitution of the...
- Section 40:20-1.3 - Administrative Code.
4. a. The board of chosen freeholders may adopt an administrative code organizing the administration of the county government, setting forth the duties and...
- Section 40:20-1.4 - Additional Powers
In addition to the powers set forth in sections 3 and 4 of this amendatory and supplementary act, the board of chosen freeholders is...
- Section 40:20-2 - Membership; Number And Term; First Election
Boards of chosen freeholders in counties of the first class governed by sections 40:20-2 to 40:20-19 of this title shall consist of nine members....
- Section 40:20-3 - Organization
The board of chosen freeholders constituted and elected under section 40:20-2 of this title shall organize at the first annual stated meeting of the...
- Section 40:20-5 - Extension Of Terms
When the terms of office of the members of the board in any county affected by sections 40:20-2 to 40:20-19 of this title expire...
- Section 40:20-6 - Law Applicable
All laws, public, general, special or private, relating to the board of chosen freeholders in any county in force when sections 40:20-2 to 40:20-19...
- Section 40:20-7 - Referendum; Procedure
The provisions of sections 40:20-2 to 40:20-19 of this title shall remain inoperative in any county of the first class until assented to by...
- Section 40:20-8 - Submission At Presidential Primary
The question of the adoption or rejection of sections 40:20-2 to 40:20-19 of this title may be submitted to the voters at a primary...
- Section 40:20-9 - Nonpartisan Ballot Box; Transfers.
40:20-9. The election provided for in section 40:20-8 of this title shall be deemed, so far as the question of the acceptance or rejection...
- Section 40:20-10 - Superior Court Judge To Resolve Doubt On Right To Vote
40:20-10. If any voter is not entitled or doubts his right to vote under sections 40:20-2 to 40:20-19 of this Title he may apply...
- Section 40:20-11 - Method Of Voting; Results Returned
The ballot of each legal voter who shall desire to vote hereunder as well as for presidential delegates, shall be deposited in the primary...
- Section 40:20-12 - Ballots; Form And Content; Sample Ballots
The ballots to be used for the submission of this question at the presidential primaries shall be provided by the same officer and in...
- Section 40:20-13 - Nonpartisan Poll Book; Ballots Numbered
There shall be provided for the use of the boards of registry and election an additional book, to be known as the "nonpartisan book"...
- Section 40:20-14 - Submission At General Election
The question of the adoption or rejection of sections 40:20-2 to 40:20-19 of this title may be submitted to the voters at an election...
- Section 40:20-15 - Ballot; Form And Content; Counting
The county clerk shall cause the public question to be printed on the official and sample ballots for the general election, in substantially the...
- Section 40:20-16 - Notice Of Election
The county clerk and the various municipal clerks shall give notice of the election by posting and publishing notice thereof in the manner required...
- Section 40:20-17 - Eligibility Of Voters
All voters qualified to vote at the general election shall be entitled to vote on the public question and the election officers shall count...
- Section 40:20-18 - Results Of Election; Return And Canvassing.
40:20-18. The district boards of registry and elections shall make returns of the election held under sections 40:20-8 to 40:20-13 of this Title in...
- Section 40:20-19 - Certain Counties Governed Hereby
Any county that shall have heretofore adopted the provisions of an act entitled "An act to reorganize the government of counties of the first...
- Section 40:20-20 - Membership; Number; Increase Or Decrease; Proposition; Submission To Voters; Petition; Effective Date
The board of chosen freeholders in each county shall consist of that number of members authorized for the county immediately prior to the effective...
- Section 40:20-20a - Terms Of Additional Members
In any county in which 2 additional members are to be elected to the board of chosen freeholders as required by this amendatory and...
- Section 40:20-20.4 - Proposition To Change Term Of Office
Notwithstanding the provisions of any other law to the contrary, in any county, other than a county having adopted a form of government authorized...
- Section 40:20-20.5 - Election Under Adopted Proposition
In the event of a favorable vote on a proposition submitted pursuant to the provisions of section 6 of this amendatory and supplementary act,...
- Section 40:20-21 - First Election; Terms Of Members First Elected
At the first election in each county adopting sections 40:20-20 to 40:20-35 of this title the members of the boards of chosen freeholders shall...
- Section 40:20-22 - Additional Members In Certain Cases
If any county shall become entitled to a board of chosen freeholders consisting of more members than that to which it is at the...
- Section 40:20-23 - Election; Term; Organization
The chosen freeholders shall be elected by the voters of each county at the general election therein and, except as otherwise provided as to...
- Section 40:20-25 - Expiration Of Terms Of Existing Members
The terms of office of all chosen freeholders in any county then in office shall expire at the annual stated meeting next succeeding the...
- Section 40:20-26 - Terms Of Officers; Exceptions
40:20-26. The terms of office of all officers then holding office under appointment by the board of chosen freeholders existing in any county at...
- Section 40:20-27 - Existing Laws Continued
All laws, public, general, special or private, relating to boards of chosen freeholders in force in any county at the time sections 40:20-20 to...
- Section 40:20-28 - Referendum; Submission To Voters
Except as hereinafter provided the provisions of sections 40:20-20 to 40:20-35 of this title shall be inoperative in any county until adopted by the...
- Section 40:20-29 - Petition For Submission; Sufficiency; Filing
In order to require the submission of the question of the adoption or rejection of sections 40:20-20 to 40:20-35 of this title at a...
- Section 40:20-30 - Petition; Time For Filing; Notice Of Election
The petition shall be so filed at least ninety days before the general election. Notice of the submission of the question shall be included...
- Section 40:20-31 - Ballot; Form And Content
The question shall be printed upon the official ballots to be used at the general election in substantially the following form: "To vote upon...
- Section 40:20-32 - Conduct Of Election
All elections held under the provisions of sections 40:20-20 to 40:20-35 of this title shall be conducted in accordance with the laws relating to...
- Section 40:20-33 - Vote Required For Adoption
If a majority of the votes cast on the question in any county are in favor of the adoption of sections 40:20-20 to 40:20-35...
- Section 40:20-34 - Resubmission
In any county where the adoption of sections 40:20-20 to 40:20-35 of this title shall have been submitted to the voters for acceptance or...
- Section 40:20-35 - Certain Counties Governed Hereby
Nothing in sections 40:20-20 to 40:20-34 of this title contained shall be construed to require a reorganization of the board of chosen freeholders of...
- Section 40:20-35.1 - Number Of Members; Election; Terms
The board of chosen freeholders in all counties governed by article 3, chapter 20 of Title 40 of the Revised Statutes as of January...
- Section 40:20-35.2 - Organization
(a) Each board of chosen freeholders constituted and elected under the provisions of section 1 of this act, shall organize at the first annual...
- Section 40:20-35.3 - Expiration Of Terms Of Existing Members; Filling Of Existing Vacancies
(a) All members of existing boards of chosen freeholders in counties subject to the provisions of this act shall hold office until 12 o'clock...
- Section 40:20-35.4 - Compensation
Each member of a board of chosen freeholders in counties subject to the provisions of this act shall receive an annual salary in an...
- Section 40:20-35.11a - Vacancy On Board Of Chosen Freeholders Eligible To Be Filled By Election; Exceptions.
2. a. When any vacancy occurs on the board of chosen freeholders otherwise than by expiration of term, it shall be filled by election...
- Section 40:20-35.11b - Selection Of Interim Successor
In the case of a vacancy occurring with respect to a member of the board of chosen freeholders who was elected as the candidate...
- Section 40:20-35.11c - Nomination Of Candidate From Floor
Members of the political party's county committee who are empowered to select a candidate for the vacated office shall only nominate a candidate from...
- Section 40:20-35.12 - Vacancy In Offices Of All Or Majority Of Members
Whenever the offices of all or a majority of the members of the board of chosen freeholders shall become vacant for any reason, the...
- Section 40:20-35.13 - Appointees; Qualifications
Any person appointed by the board of chosen freeholders or the Governor to fill a vacancy either for the unexpired term or temporarily, shall...
- Section 40:20-71 - Director; Selection; Substitute
Every board of chosen freeholders shall, at each annual meeting, elect one of its members to preside at its meetings. He shall be called...
- Section 40:20-71.1 - Designation Of Another Freeholder
Whenever the director, president or chairperson, as the case may be, of the board of chosen freeholders in any county is specified as a...
- Section 40:20-71.2 - Appointments By County Executive
Nothing in this act shall be construed to modify the authority of any county executive to make any appointment to any county board. L....
- Section 40:20-71.3 - Veto Power Of Director Of Board Of Chosen Freeholders, Certain.
1. a. The director of the board of chosen freeholders is authorized and empowered, with the consent of a majority of the members of...
- Section 40:20-72 - Members Of Boards Of Chosen Freeholders Not Governed By Optional County Charter Law; Director
The salaries of the members of the boards of chosen freeholders in counties not governed by the "Optional County Charter Law," P.L.1972, c. 154...
- Section 40:20-73 - Compensation Of Freeholders Not Paid An Annual Salary
In counties where the members of the board of chosen freeholders are not paid an annual salary, each member shall receive not less than...
- Section 40:20-74 - Salaries Of Freeholders Not Paid On Per Diem Basis
In counties where the members of the board of chosen freeholders are not compensated upon a per diem basis, and in counties not governed...
- Section 40:20-74.1 - Resolution Fixing Compensation; Publication Before Passage
In any case where permitted pursuant to the provisions of sections 40:20-72, 40:20-73 or 40:20-74 of the Revised Statutes, any resolution fixing the salary...
- Section 40:20-74.2 - Hearing On Resolution
At the time and place so stated in such publication, or at any other time and place to which the meeting for the further...
- Section 40:20-74.3 - Second Reading Or Amendment
At or after the hearing, the board of chosen freeholders may proceed to give the resolution a second reading or amend it, and thereupon...
- Section 40:20-74.4 - Publication Of Resolution Upon Passage
Upon passage, every such resolution, together with a notice of the date of passage or approval, or both, shall be published at least once...
- Section 40:20-74.5 - Majority Required For Passage
No such resolution shall be passed or approved unless a majority of all the members of the board of chosen freeholders vote in favor...
- Section 40:20-74.6 - Compensation Not Changed Unless Fixed By Resolution
Nothing in this act shall be construed to affect or change the amount of salary or other compensation paid, pursuant to the provisions of...
- Section 40:20-75 - Annual Meetings
40:20-75. The stated annual meeting of the boards of chosen freeholders shall be held at the place of holding the Superior Court in the...
- Section 40:20-76 - Regular Meetings
Regular meetings of the board of chosen freeholders shall be held at such times and places as the board, by resolution, shall determine.
- Section 40:20-77 - Special Meetings; How Called; Notice
Special meetings shall be held on the written or printed order of the director, or of any three members of the board, specifying the...
- Section 40:20-78 - Penalty For Clerk's Failure To Call Meeting
If the clerk upon receipt of a proper order shall refuse or neglect to call or convene any special meeting of the board, he...
- Section 40:20-79 - Adjournment Of Meeting
In case a sufficient number of the members of the board of chosen freeholders to constitute a quorum shall not attend at the time...
- Section 40:20-80 - Committees Designated
The board of chosen freeholders may by resolution designate all committees thereof, define their duties and determine the number of members of which any...
- Section 40:20-81 - Director To Appoint Members Of Committees
The director of the board of chosen freeholders shall name the members of all committees of the board, except where otherwise provided by law....
- Section 40:20-82 - Investigations By Committees; Member May Administer Oath
Whenever the board of chosen freeholders shall have appointed a committee of its members upon any matter within its jurisdiction, or to examine any...
- Section 40:20-83 - Subpoenas; Testimony
The board of chosen freeholders and any committee thereof may subpoena witnesses and take testimony with respect to any lawful matter of inquiry by...
- Section 40:20-84 - Penalty For Perjury
Any person who shall willfully and corruptly testify falsely to any matter upon oath administered by any member of the committee, upon such investigation...
- Section 40:23-1 - Books And Stationery For County Officers
The board of chosen freeholders may provide and furnish the books, blanks and stationery necessary for use by the courts, county clerk, surrogate, register...
- Section 40:23-2 - Printing For County Superintendent Of Schools
The printing required in the office of the county superintendent of schools shall be paid for as other county printing, but the sum expended...
- Section 40:23-3 - Exhibition Of County Products
The board of chosen freeholders may prepare, maintain and display any exhibition of the products and industries of the county, or any poultry or...
- Section 40:23-4 - Acceptance Of Contributions For County Improvements; Agreements For
The board of chosen freeholders, when contemplating the making of any improvement or the doing of any work, may accept any sum contributed by...
- Section 40:23-5 - Advertise Advantages Of County
The board of chosen freeholders may appropriate such sums as it shall deem necessary for the purpose of advertising in newspapers, magazines or otherwise,...
- Section 40:23-5.1 - Office Or Department To Study Economic Resources And Encourage Economic Development Of County; Establishment
The board of chosen freeholders of any county may, by resolution, establish an appropriate office, department, committee, board or other agency having the following...
- Section 40:23-5.2 - Assignment Of Activities And Functions
When created, the board of chosen freeholders shall assign such activities and functions to whatever county office, board, department or agency it deems feasible,...
- Section 40:23-5.3 - Appropriation
The board of chosen freeholders is authorized to appropriate, at its discretion, in any authorized manner, sufficient money to permit the activities and functions...
- Section 40:23-5.4 - Appointment Of Advisory Committee
The board of chosen freeholders is authorized to appoint an advisory committee or commission composed of residents of New Jersey representative of various county...
- Section 40:23-5.5 - Conduct Of Activities Requiring Real Estate Broker's License Prohibited
This act shall not authorize any county agency to conduct activities requiring a license as a real estate broker. L.1962, c. 124, s. 5,...
- Section 40:23-5.6 - Liberal Construction
This act shall be liberally construed. L.1962, c. 124, s. 6, eff. July 25, 1962.
- Section 40:23-6 - Membership In New Jersey Association Of Counties And County Officers Association Of New Jersey
A county may agree to contribute and expend in any 1 year, for membership in and the service of the New Jersey Association of...
- Section 40:23-6.1 - Summer Camps For Children In Populous Counties
The provisions of this section 40:23-6.1 of this Title shall apply to counties which have or may hereafter have a population, as ascertained by...
- Section 40:23-6.2 - Camp For Undernourished And Underprivileged Children; Commission Or Board
When the board of chosen freeholders has determined to establish a camp for undernourished and underprivileged children of the county and has acquired a...
- Section 40:23-6.3 - County Camp Commission And Managers Of Camp
The commission shall be composed of five citizens of the county, at least two of whom shall be women, to be appointed by the...
- Section 40:23-6.4 - Members Of Commission; Terms; Vacancy
Members shall hold their offices for five years except that the first appointments shall be respectively for one, two, three, four and five years,...
- Section 40:23-6.5 - No Compensation To Members; Expenses
Members shall receive no compensation for their services but shall be allowed their actual and necessary expenses, on the approval of the commission, all...
- Section 40:23-6.6 - Officers
The commission shall elect from among its members a president, vice-president and secretary-treasurer. L.1940, c. 24, s. 5, eff. March 30, 1940.
- Section 40:23-6.7 - Powers And Duties Of Board Of Managers
The board of managers of the camp shall have charge of all matters relating to the government, discipline, contracts, and fiscal concerns of the...
- Section 40:23-6.8 - Equipment And Maintenance Of Camp
The commission shall so equip and maintain the camp as to provide proper heat and all furniture, materials and supplies, recreational, medical and otherwise,...
- Section 40:23-6.9 - Meetings Of Commission; Budget
The commission shall meet regularly once each month and at other times as may be necessary or as may by rule be provided. The...
- Section 40:23-6.10 - Appropriations
All appropriations for the expenditure of money as set forth in this chapter shall be subject to the approval of the board of chosen...
- Section 40:23-6.11 - Bills And Accounts Including Salaries And Wages
The commission shall certify all bills and accounts including salaries and wages and transmit them to the board of chosen freeholders of the county...
- Section 40:23-6.12 - Employees And Assistant Employees
The commission shall appoint such employees and assistant employees as may be necessary to carry out the provisions of this chapter. L.1940, c. 24,...
- Section 40:23-6.13 - Employees Subject To Rules And Regulations
Employees shall be subject to such rules and regulations in the discharge of their duties as may be made by the commission. L.1940, c....
- Section 40:23-6.14 - Tenure Of Employees
All employees of the commission shall hold their office or employment at the pleasure of the commission. L.1940, c. 24, s. 13, eff. March...
- Section 40:23-6.15 - Salaries Of Employees
The commission shall fix the salaries of all employees within the limits of the appropriation made therefor by the board of chosen freeholders and...
- Section 40:23-6.16 - Secretary To Commission
The commission may appoint a secretary who shall be responsible for the keeping of all minutes and records of the commission. The secretary shall...
- Section 40:23-6.17 - Care And Treatment Of Veterans In County Hospitals
Boards of chosen freeholders are authorized to enter into contracts with the United States Government, or any of its agencies through the proper Federal...
- Section 40:23-6.18 - Necessary Funds; Appropriation
To meet any necessary expenses incurred by any board of chosen freeholders under the provisions of this act, it shall be lawful for such...
- Section 40:23-6.19 - Use Of Funds Not Otherwise Dedicated; Borrowing Money
If, during the fiscal year in which this act shall be adopted, upon the commencement of the care and treatment of such soldiers, sailors,...
- Section 40:23-6.20 - Counties Over 400,000 Other Than Counties Of First Class; No Fee For Building Permit For County Buildings
No county having a population in excess of four hundred thousand inhabitants other than a county of the first class, or the board of...
- Section 40:23-6.22 - Museum Facilities And Services; Maintenance And Support
The board of chosen freeholders of any county or the governing body of any municipality may provide by contract, and appropriate funds for the...
- Section 40:23-6.23 - Distribution Of Federal Surplus Food Commodities; Contracts For Sharing Cost
Every board of chosen freeholders is authorized to enter into a contract or contracts with the municipalities within such county for sharing the cost...
- Section 40:23-6.24 - Appropriating Or Raising Funds For Surplus Food Distribution
It shall be lawful for each such board of chosen freeholders to appropriate and raise funds annually for the purposes aforesaid in the same...
- Section 40:23-6.25 - Payment Of Costs Of Surplus Food Distribution By Board Of Freeholders
Nothing in this act shall be construed as requiring, in the absence of any such contract, any such board of chosen freeholders to pay...
- Section 40:23-6.26 - Contracts With Municipalities For Services Or Facilities By Counties Over 500,000 Population
The board of chosen freeholders of any county having a population in excess of 500,000, by resolution, may provide for the entering into a...
- Section 40:23-6.27 - Term Of Contract; Advertisement For Bids
Any such contract shall be and remain in force for such term not exceeding 10 years as shall be provided therein and no provision...
- Section 40:23-6.28 - Contract; Required Provisions
Any such contract by any county and 1 or more municipalities shall provide in detail the extent, manner and type of services or facilities...
- Section 40:23-6.29 - Appropriation Of Funds; Purchase Or Lease Of Machinery And Equipment; Acquisition Of Lands
Any county and municipality entering into a contract authorized by this act may appropriate the necessary funds to provide for the carrying out thereof....
- Section 40:23-6.30 - Establishment And Maintenance Of Program For Rehabilitation Of Youthful Offenders In Counties Of First Class Over 800,000 Population
The board of chosen freeholders of any county of the first class having a population in excess of 800,000 may establish and maintain a...
- Section 40:23-6.31 - Appropriation Of Funds
The board of chosen freeholders of such county may appropriate funds to carry out a program established and maintained pursuant to this act. L.1964,...
- Section 40:23-6.32 - Construction Of Additional Entrances And Exits To Highway Projects
The board of chosen freeholders of a county or the governing body of a municipality is authorized to contract with the New Jersey Highway...
- Section 40:23-6.33 - Appropriation Of Funds To Pay For Additional Entrances And Exits To Highway Projects
The board of chosen freeholders or the governing body of a municipality entering into a contract pursuant to section 1 of this act is...
- Section 40:23-6.38 - Legislative Intent
The Legislature hereby finds and declares that: (a) There are nearly 700,000 people over the age of 65 in this State, and that these...
- Section 40:23-6.39 - Establishment Of County Office On Aging By Resolution
The board of chosen freeholders of any county may be resolution establish a county office on aging. L.1970, c. 248, s. 2, eff. Jan....
- Section 40:23-6.40 - Powers And Duties
Each county office on aging shall have the power and duty and it shall be the function of said office to: (a) Maintain a...
- Section 40:23-6.41 - Executive Director; Appointment; Qualifications
The board of chosen freeholders shall appoint an executive director, who shall be a person qualified by training and experience to direct the work...
- Section 40:23-6.42 - Receipt And Expenditure Of Moneys
The board of chosen freeholders may receive and expend moneys from the State, Federal Government or private individuals, corporations or associations thereof, to meet...
- Section 40:23-6.43 - Appropriations And Payments Of State Aid.
6.There shall be appropriated and paid annually to each county office on aging, subject to the approval of the Commissioner of Human Services, an...
- Section 40:23-6.44 - Rules And Regulations By Director Of Division On Aging
The Director of the Division on Aging shall issue and promulgate rules and regulations for the proper control and management of activities of the...
- Section 40:23-6.45 - Lands Of County Or County Park Commission; Use As Training Grounds For Firemen Or Police
The board of chosen freeholders of any county or county park commission may, by resolution, make available any lands owned or leased by said...
- Section 40:23-6.46 - Operation And Improvement Of Properties For Training Purposes; Appropriation And Expenditure Of Funds
The board of chosen freeholders or county park commission may from time to time raise, appropriate and expend such sums of money as it...
- Section 40:23-6.47 - Office Of Consumer Affairs; Establishment By County Or Municipality; Employees
A county, by resolution or ordinance, as the case may be, or a municipality, by ordinance, may create and establish an office of consumer...
- Section 40:23-6.48 - Powers
Offices created hereunder shall have the following powers: a. Those powers granted to the Attorney General by P.L.1960, c. 39 (C. 56:8-1 et seq.)...
- Section 40:23-6.49 - Office Of Consumer Affairs In County Or Municipality Established Prior To And In Conformity With This Act; Validation Of Acts And Proceedings
All acts and things done or authorized by any county or municipality within the powers granted by this act prior to its enactment are...
- Section 40:23-6.50 - Surplus And Surface Waters On Railroad Property; Construction Of Works To Control By County
Whenever a railroad company shall not properly construct and maintain on its property in any county any structures, ditches, watercourses, dykes, dams, and such...
- Section 40:23-6.52 - Acceptable Forms Of Payment For Road Opening Permits.
1.Notwithstanding any law, rule or regulation to the contrary, whenever the governing body of any county shall require the provision of a deposit as...
- Section 40:23-6.53 - Contracts For Collection Of Delinquent Fees, Fines.
37. The governing body of any county may enter into a contract with a private agency or firm for the purpose of collecting delinquent...
- Section 40:23-7 - Power To Raise Money By Taxation
The board of chosen freeholders may raise by taxation, in the method prescribed by law, all money necessary to pay for any improvement or...
- Section 40:23-8 - Appropriations To Civil War Organizations; Purposes
Any county may make appropriations to a post of the Grand Army of the Republic, and if there be no such post in the...
- Section 40:23-8.1 - Appropriations For Observance Of Memorial Day
It shall be lawful for the board of chosen freeholders of any county, and they are hereby authorized and empowered so to do, to...
- Section 40:23-8.2a - Junior College; Appropriations In Counties Over 300,000
It shall be lawful for the board of chosen freeholders of a county having a population in excess of 300,000 and they are hereby...
- Section 40:23-8.3 - Protecting Roads Against Erosion By Tidewater
Any county of the sixth class may expend any sum not exceeding twenty-five thousand dollars ($25,000.00), in any one year, for the protection of...
- Section 40:23-8.4 - Blood And Its Derivatives; Contributions For Collection And Distribution Authorized
Boards of chosen freeholders are authorized to contribute funds, in amounts to be determined by such boards, for the establishment, equipment, maintenance and conduct...
- Section 40:23-8.5 - Appropriations For Blood Collection Purposes; Borrowing Money
It shall be lawful for such boards to appropriate and raise funds annually for the purposes aforesaid, in the same manner as appropriations are...
- Section 40:23-8.6 - Appropriations Annually For Expenses
To meet any necessary expenses incurred by any board of chosen freeholders under the provisions of this act, it shall be lawful for such...
- Section 40:23-8.7 - Appropriations During Year When Blood Collection Act Is Adopted--borrowing Money
If, during the fiscal year in which this act shall be adopted, upon the establishment of such program, any board of chosen freeholders shall...
- Section 40:23-8.8 - Appropriations Annually For Children's Homes, Etc.
The board of chosen freeholders of any county of this State wherein any child or children shall have been or may hereafter be lawfully...
- Section 40:23-8.9 - Volunteer Fire Companies; Appropriation To Aid; Uniforms
The board of chosen freeholders of any county may raise, appropriate and expend such sums of money not exceeding $10,000.00 in any 1 year,...
- Section 40:23-8.11 - Appropriations For Services For Certain Persons.
1.The board of chosen freeholders of any county may appropriate annually to any approved, privately operated, nonprofit organization whose services are nonsectarian, funds for...
- Section 40:23-8.13 - County Firemen's Association; Contribution
The board of chosen freeholders of any county may contribute to a county firemen's association within the county a sum not to exceed $25,000.00...
- Section 40:23-8.14 - Nonprofit Child Care Centers Or Committees Or Councils Coordinating Child Care; Annual Appropriation Of Funds By Counties Or Municipalities
The board of chosen freeholders of any county and the governing body of any municipality may appropriate annually funds for the support of nonprofit...
- Section 40:23-8.15 - Contract As Basis For Appropriation
Any appropriation made pursuant to section 1 shall be made pursuant to a contract between the governing body of said county or municipality and...
- Section 40:23-8.16 - County Facilities Leased By Nonprofit Or Charitable Association; Reimbursement Of Costs Of Renovation
Any county may appropriate an amount not to exceed $250,000.00 for payment to a nonprofit or charitable association of all or part of any...
- Section 40:23-8.17 - Private Nonprofit Camps For Emotionally Maladjusted Or Physically Undernourished Children; Authorization For Appropriations
The governing body of any county or municipality may appropriate annually to any privately-operated, nonprofit organization, whose services are nonsectarian and interracial, funds for...
- Section 40:23-8.18 - Community Action Programs Defined
As used in this act: "Community action programs" are programs operated within counties or municipalities by public, or private nonprofit, agencies or organizations and...
- Section 40:23-8.19 - Appropriation And Distribution By County Or Municipality To Agency Or Organization Maintaining Community Action Programs
The governing body of any county or municipality may annually appropriate and distribute to any public, or private nonprofit, agency or organization funds to...
- Section 40:23-8.20 - Continuance After Expiration Of Authorizing Legislation
Such appropriation and distribution may at the discretion of the governing body continue beyond the expiration of the Federal "Economic Opportunity Act of 1964"...
- Section 40:23-8.21 - Cooley's Anemia; Promotion Of Public Awareness, Referral Service For Testing And Expenses Incidental To Diagnosis And Treatment; Appropriations
The governing body of a county may appropriate not more than $5,000.00 each year to promote public awareness among prospective parents as to the...
- Section 40:23-8.22 - National Burn Victim Foundation; Contributions By Counties Or Municipalities
Any county or municipal governing body may enter a line item in its annual budget for the purpose of making a contribution to the...
- Section 40:23-8.23 - Legislative Findings
The Legislature finds and declares that private, nonprofit organizations which provide certain services relating to burn treatment, rehabilitation, research and prevention contribute significant and...
- Section 40:23-8.24 - Burn Prevention And Treatment, Private, Nonprofit Organizations; Contributions
The board of chosen freeholders of any county, or the governing body of any municipality, of this State may annually raise and appropriate an...
- Section 40:23-8.25 - Center For Performing And Visual Arts; Appropriation Of Funds
The governing body of any county may appropriate funds to any privately operated, nonprofit organization approved by the governing body whose services are nonsectarian,...
- Section 40:23-8.26 - Tay-sachs Disease; County Aid
A county may appropriate not more than $5,000.00 each year to promote public awareness among prospective parents as to the necessity of testing for...
- Section 40:23-8.27 - Legislative Findings
The Legislature hereby finds that there is a need for improved planning and coordination among public and private agencies, organizations and institutions providing health...
- Section 40:23-8.28 - County Aid To Health, Welfare Councils
The governing body of any county may annually appropriate such sums as it deems necessary to any private, nonprofit health and welfare council engaged...
- Section 40:23-8.29 - Appropriations By County Authorized
1. The governing body of any county may annually appropriate funds in support of the Vietnam Veterans' Memorial Foundation in support of the development,...
- Section 40:23-9 - Depositories For Moneys
The governing body of any county may direct by resolution that all moneys belonging to the county, except such as may be subject to...
- Section 40:23-11 - Judiciary Fund For Salaries Of Court And Probate Clerks
The board of chosen freeholders shall provide in its annual budget of appropriations, a "judiciary fund" from which shall be paid the salary or...
- Section 40:23-12.1 - Definitions
As used in this act: "Farmland" means land that qualifies for valuation, assessment, and taxation pursuant to the "Farmland Assessment Act of 1964," P.L....
- Section 40:23-12.2 - Farm Loan Program
The governing body of any county may, by ordinance or resolution, establish a low-interest loan program for the purpose of assisting persons in purchasing...
- Section 40:23-12.3 - Bonds Authorized
For the purpose of funding a farm loan program authorized pursuant to section 2 of this act, the county is authorized, by bond ordinance,...
- Section 40:23-13 - Official Newspapers
The board of chosen freeholders may by resolution designate an official newspaper or newspapers in which shall be published all advertisements and notices required...
- Section 40:23-14 - Public Works Jointly Constructed And Maintained; County And Municipal Co-operation
The board of chosen freeholders of any county may by contract, join with the governing body of any municipality within the county or adjoining...
- Section 40:23-15 - Ballot; Form And Content
The proposition to be submitted in accordance with the provisions of section 40:23-14 of this title shall be in substantially the following form: "Shall...
- Section 40:23-16 - Contents Of Joint Contract; Amendments
Any contract so entered into shall set forth the proportion of the cost each party thereto shall assume and shall specify all the details...
- Section 40:23-17 - Acquisition Of Property; Officers And Employees
For the purpose of carrying into execution any such contract, any county, as a party thereto, may acquire real estate as tenants in common...
- Section 40:23-18 - Costs And Expenses; Appropriations; Bond Issues
The board of chosen freeholders may raise and disburse all necessary money, either by taxation or the issuance of bonds in the manner provided...
- Section 40:23-19 - Use Of Municipal Sewer By County
The board of chosen freeholders may contract with any municipality or municipalities for the use of municipal sewers for the disposal of sewage from...
- Section 40:23-20 - Resolution By Board Of Freeholders; Exceptions
The board of chosen freeholders may by resolution provide for the regulation and inspection of wires, conductors and appliances for the purpose of utilizing...
- Section 40:23-21 - Contents Of Resolution; Fees Fixed
The proposed resolution shall prescribe the method of location, arrangement, installation and use of the wires and appliances, and shall fix the powers and...
- Section 40:23-22 - Inspectors; Appointment, Compensation And Qualifications
The board of chosen freeholders providing by resolution for the inspection of electrical wires, appliances and currents for furnishing light, heat and power pursuant...
- Section 40:23-23 - Inspection; Certificate By Inspector
After the passage of such resolution no person shall put in use any electrical wires, appliances and currents for the purposes set forth in...
- Section 40:23-24 - Companies To Supply Current Upon Certificate; Enforcement
Upon the passage of the resolution provided for in section 40:23-20 of this title no person engaged in the business of furnishing electricity for...
- Section 40:23-25 - Article Inapplicable In Certain Cases
The board of chosen freeholders shall not exercise jurisdiction under the provisions of this article in any city, the governing body of which may...
- Section 40:23-26 - Sale Of Personal Property And Surplus Output Of County Institutions
The board of chosen freeholders may sell, convey and deliver any goods, chattels, personal property, materials or equipment and any surplus product or output...
- Section 40:23-27 - Advertisement For Bids Where Value Exceeds $1,000
Whenever it is reasonably apparent that the value of such personal property, except live stock, about to be disposed of at any one time...
- Section 40:23-27.3 - Sale Of Unneeded Building To Municipality For Municipal Purposes
Any building or structure owned by a county which is no longer required for county purposes and which must be razed or relocated to...
- Section 40:23-28 - Freeholders To Furnish Crushed Stone To Municipalities
In counties of the second, third and fifth classes in which there is a stone quarry and a stone crusher operated in connection therewith,...
- Section 40:23-29 - Maximum Amount To Be Furnished By County
The quantity to which all such municipalities shall be entitled, and which the board of chosen freeholders shall be required to furnish and deliver,...
- Section 40:23-30 - Stone Furnished On Request
The board of chosen freeholders shall cause to be furnished and delivered, free on board at the quarry, to any such municipality, upon the...
- Section 40:23-31 - Reapportionment Of Unclaimed Stone
If the proper authorities of any municipality shall fail to demand in writing of the board of chosen freeholders or the chairman of the...
- Section 40:23-32 - Purposes For Which Stone May Be Used
The stone so furnished and delivered shall be used for and applied to the purposes set forth in section 40:23-28 of this title and...
- Section 40:23-33 - Selling Or Otherwise Disposing Of Stone A Misdemeanor; Exception
If any person shall sell, or offer to sell, any of such stone or dispose of the same for any other purpose than as...
- Section 40:23-47 - Findings, Declarations
1. The Legislature finds and declares that it is necessary for the health, safety and welfare of the residents of this State that a...
- Section 40:23-48 - Definitions
2. As used in this act: "Building" means a house, residence, dwelling, store or other structure used for residential, commercial or public purpose which...
- Section 40:23-49 - 9-1-1 Locatable Mailing Address System
3. The governing body of the county shall, by resolution, establish a 9-1-1 locatable mailing address system within the county. The county governing body...
- Section 40:23-50 - Guidelines For Implementation Of Act
4. The guidelines for the implementation of this act shall include, but shall not be limited to, the following: a. Municipalities shall have one...
- Section 40:23-51 - Completion Of Review Required
5. The governing body of the county shall require municipalities within the county to complete the review required under section 3 of this act...
- Section 40:23-52 - Use Of Municipal Names
6. Beginning on the effective date of this act and pending compliance with the provisions of this act by all of the municipalities in...
- Section 40:23-53 - Report
7. Within one year of the establishment of the system by the board of freeholders, the board of freeholders shall provide a report to...
- Section 40:23-54 - Criminal History Record Check Requested By County, Authority For.
33. a. A county may enact an ordinance or resolution, as appropriate, providing that an authorized county official or officer may request a criminal...
- Section 40:23-55 - Definitions; Impoundment Of Shopping Carts By County.
2. a. As used in this section: "Shopping cart" means a push cart of the type or types which are commonly provided by grocery...
- Section 40:24-1 - Ordinances In Effect In 1918 To Continue Until Altered
L.1918, c. 185, s. 1714, p. 621 [1924 Suppl. s. 48-*1714], being section 1714 of an act entitled "An act concerning counties," approved March...
- Section 40:24-1.1 - Members Of Board In Military Service; Vote Required For Adoption
Whenever any member of the governing body of any county is in the active military or naval service of the United States or of...
- Section 40:24-2 - Penalties For Violation Of Resolutions
The board of chosen freeholders may prescribe penalties for the violation of any resolution it may have authority to pass, either by imprisonment in...
- Section 40:24-3 - Resolutions Providing Penalty; Publication
All resolutions of the board of chosen freeholders, providing a penalty for violation thereof, shall be published at least once in a newspaper circulating...
- Section 40:24-4 - Proceedings Against Persons Violating Resolutions
Proceedings against any person violating any such resolution of the board of chosen freeholders shall be as in the case of disorderly persons. Amended...
- Section 40:24-5 - Who May Serve Warrant Or Other Process
Any constable or police officer may serve any warrant or other process issuing out of the court, to apprehend any person for the violation...
- Section 40:24-6 - Arrest Without Warrant
Every police officer shall, and any other person may, apprehend without warrant or other process any person violating in his presence or view any...
- Section 40:24-7 - Conviction; Penalty; Imprisonment On Default Of Fine
The court before which any violator of any such resolution is convicted may impose any fine or term of imprisonment not exceeding the maximum...
- Section 40:24-8 - Fines Paid To County Treasurer
All fines collected under this chapter shall be paid to the treasurer of the county for the use of the county.
- Section 40:24-9 - Court Defined; Jurisdiction
40:24-9. The word "court" as used in this chapter means and includes the Superior Court, municipal court and any judge having the powers of...
- Section 40:27-1 - Planning Board; Members; Appointment And Term; Expenses
The board of chosen freeholders may create a county planning board of not less than five nor more than nine members. The members of...
- Section 40:27-1.1 - Alternate Members; Appointment; Resolution.
1.The board of chosen freeholders may, by resolution, provide for the appointment of alternate members to the county planning board in accordance with the...
- Section 40:27-2 - Duties Of Board; Master Plan; Municipal Co-operation
The county planning board shall make and adopt a master plan for the physical development of the county. The master plan of a county,...
- Section 40:27-3 - Employees; Experts; Master Plan Part Of Improvement; Bonds
The county planning board may employ experts and pay for their and such other expenses as may be deemed necessary for the making of...
- Section 40:27-4 - Hearing Before Plan Adopted; Notice Of Hearing; Resolution; Vote Required; Municipal Master Plan, Official Map Or Ordinance
a. Before adopting the master plan or any part thereof or any amendment thereof the board shall hold at least one public hearing thereon,...
- Section 40:27-5 - Adding To County Map; Changes Submitted To Board; Map Considered Binding
The board of chosen freeholders in any county after receiving the advice of the county planning board is hereby empowered to adopt and establish...
- Section 40:27-6 - Buildings And Highways; Permits; Hearing; Penalty; Enjoining Construction
No building shall be erected in the bed of any highway adopted and shown as a part of the official county map unless a...
- Section 40:27-6.1 - Definitions
As used in this act and in chapter 27 of Title 40 of the Revised Statutes, unless the context otherwise requires: "County master plan"...
- Section 40:27-6.2 - Review And Approval Of All Subdivisions Of Land; Procedures; Engineering And Planning Standards
The board of freeholders of any county having a county planning board shall provide for the review of all subdivisions of land within the...
- Section 40:27-6.3 - Submission Of Subdivision Application To Board For Review And Approval; Report To Municipal Authority
Each subdivision application shall be submitted to the county planning board for review and, where required, approval prior to approval by the local municipal...
- Section 40:27-6.4 - Review Of Subdivision Application; Withholding Of Approval
The county planning board shall review each subdivision application and withhold approval if said proposed subdivision does not meet the subdivision approval standards previously...
- Section 40:27-6.5 - Certification Of Subdivision Plat; Acceptance For Filing
The county recording officer shall not accept for filing any subdivision plat unless it bears the certification of either approval or of review and...
- Section 40:27-6.6 - Review And Approval Of Site Plans For Land Development Along County Roads Or Affecting County Drainage Facilities.
8.The governing body of any county having a county planning board may provide for the review of site plans for land development along county...
- Section 40:27-6.7 - Report Of Approval Or Disapproval To Local Authority; Time Limit; Extension
The municipal or other local agency or individual with authority to approve the site plan or issue a building permit shall defer action on...
- Section 40:27-6.8 - Resolution Vesting Power To Review And Approve Subdivisions And Site Plans With Director
The county planning board may by resolution vest its power to review and approve subdivisions, pursuant to the provisions of sections 4 through 6...
- Section 40:27-6.9 - Appeal By Aggrieved Persons; Hearing; Decision
If said action is taken by the planning director and a committee of the board, said applicant may file an appeal in writing to...
- Section 40:27-6.10 - Filing Copy Of Planning And Zoning Ordinances With Boards; Notice Of Proposed Revision Of Ordinance
In order that county planning boards shall have a complete file of the planning and zoning ordinances of all municipalities in the county, each...
- Section 40:27-6.11 - Application To Board Of Adjustment Involving Land Fronting County Road, Adjoins Other County Lands Or Is Within 200 Feet Of Municipal Boundary; Notice
The county planning board shall be notified of any application to the board of adjustment under Revised Statute 40:55-39 in such cases where the...
- Section 40:27-6.12 - Continuation Of Board's Authority To Review And Approve Land Subdivision
Any county planning board exercising the authority of review and approval of land subdivision pursuant to the provisions of chapter 27 of Title 40...
- Section 40:27-6.13 - Notice Of Hearing On Granting Variance Or Establishing Or Amending Official Municipal Map; Contents
Whenever a hearing is required before a zoning board of adjustment or the governing body of a municipality in respect to the granting of...
- Section 40:27-8 - Existing Boards Continued In Conformity With This Chapter
County planning boards lawfully in existence on June eighth, one thousand nine hundred and thirty-five, if continued after January first, one thousand nine hundred...
- Section 40:28-1 - Lands And Buildings For Airport Purposes; Acquisition
Any county may acquire by gift, grant, purchase, condemnation, or any other lawful manner real estate for airport purposes and erect and maintain thereon...
- Section 40:28-2 - Lease Of Airport To State
Any county acquiring or maintaining real estate for airport purposes may lease the same or part thereof for such term of years as may...
- Section 40:28-3 - Power To Construct, Operate, Lease And Regulate Airports
Any county which has acquired lands for airport purposes may: Buildings. a. Construct thereon buildings for the purpose of providing storage space or hangars...
- Section 40:28-4 - Bonds For Airport Purposes; Maturity
In addition to the powers conferred by the provisions of article 1 of chapter 1 of this title (s. 40:1-1 et seq.), relative to...
- Section 40:29-1 - Appropriation To Assist Federal Government In Building Bulkheads
The board of chosen freeholders of any county bordering upon the Atlantic ocean, may appropriate and pay out of the county treasury into the...
- Section 40:29-10 - Beach Protection; Municipal Co-operation
The board of chosen freeholders of any county and the governing body of any municipality bordering on the Atlantic ocean in any such county...
- Section 40:29-11 - Approval Of Plans; County To Control Work
The plans and specifications for the erection, construction or repair of any such works, seawalls, bulkheads, jetties and other devices shall first be approved...
- Section 40:32-2.1 - Acquisition And Maintenance Of Lands And Interests For Park, Recreation, Welfare And Hospital Purposes
The board of chosen freeholders of any county is authorized and empowered to acquire by gift, grant, contribution, devise, bequest or condemnation, lands and...
- Section 40:32-2.2 - Resolution Of Board; Title
Such acquisition shall be by resolution of the board, and title thereto shall be taken in the name of the county of (here insert...
- Section 40:32-2.3 - Lands, Buildings And Structures
After such acquisition the board may erect, construct, and maintain on such lands, buildings and structures and the administration and maintenance thereof shall be...
- Section 40:32-2.4 - Budget; Limitations On Appropriation
The board shall annually include in its budget the amount of money deemed necessary for maintaining any of the public parks, public welfare projects...
- Section 40:32-2.5 - Use Of Federal Funds
In any county in which lands and interests therein have been acquired as in this act provided, it shall be lawful for the board...
- Section 40:32-2.6 - Constabulary; Establishment; Members
Any county maintaining any public park or public recreation area as authorized by the act hereby supplemented, except for counties with county park commissions,...
- Section 40:32-2.7 - Arrests Without Warrant
The members and officers of the park police may arrest on view and without warrant, and conduct before the municipal court of the municipality...
- Section 40:32-6 - Acquisition And Preservation Of Historical Buildings And Data
Any county may acquire, by gift or purchase, any real estate or any interests therein, together with any and all buildings thereon within the...
- Section 40:32-7.6 - Counties Not Having Park Commission; Acquisition Of Golf Course And Other Recreational Facilities
The board of chosen freeholders of any county in which a park commission shall not have been established may lease, or may acquire, in...
- Section 40:32-7.7 - Maintenance, Improvement And Operation; Buildings, Structures And Equipment
The board of chosen freeholders may preserve, care for, lay out, construct, maintain, improve, and operate any land or real estate it may acquire...
- Section 40:32-7.8 - Taxes And Bonds
The money necessary to pay for the lands, rights, or interest therein acquired for a public golf course and for such other recreational, playground,...
- Section 40:32-7.9 - Supervision And Control
The board of chosen freeholders may assign general supervision and control over the maintenance, operation and regulation of any such public golf course, and...
- Section 40:32-7.10 - Appropriation By Board Of Chosen Freeholders
The board of chosen freeholders may annually appropriate money to be raised by taxation to develop, maintain, and operate a public golf course and...
- Section 40:32-7.11 - Fees, Rents And Charges
The board of chosen freeholders may establish, charge, and collect reasonable fees, rents or other charges for admission to, use or enjoyment of any...
- Section 40:32-7.12 - Rules And Regulations
The board of chosen freeholders may by resolution make, alter, amend, and repeal rules and regulations for the supervision, regulation and control of all...
- Section 40:32-7.13 - Actions For Violations; Enforcement Of Rules
The municipal court of the municipality in which the public golf course or other county recreational, playground or public entertainment facility is located shall...
- Section 40:32-7.14 - Fines And Penalties; Disposition
All moneys collected either as fines or penalties for violation of a rule or regulation shall be forwarded by the clerk of the court...
- Section 40:32-7.15 - Lease Of Lands And Buildings Acquired For Public Golf Course And Other Recreational Purposes
Whenever a board of chosen freeholders which shall have established a public golf course and related recreational facilities pursuant to this act, deems it...
- Section 40:32-7.16 - Bids For Leases
Any lease executed hereunder shall be upon competitive bids following public advertisement therefor, in a newspaper circulating in the county, at least once, not...
- Section 40:32-7.17 - Power Conferred As Additional
The power conferred in this act is in addition to those given by any other law or laws. L.1958, c. 94, p. 541, s.
- Section 40:32-7.18 - County Golf Courses
Any county which has received federal or State funds for the acquisition or development of public golf courses and which offers reduced senior citizen...
- Section 40:32-14 - Veterans' Housing Projects; Acquisition And Use
The board of chosen freeholders of any county is hereby authorized and empowered to acquire by purchase, gift, grant, contribution, devise, bequest, relinquishment or...
- Section 40:32-15 - Resolution; Title
Such acquisition shall be authorized by resolution of the board, and title to such lands and other property shall be taken in the name...
- Section 40:32-16 - Operation And Use Of Veterans' Housing Projects
After such acquisition the board may operate, maintain, regulate and use such lands and buildings and structures thereon, and improve and equip the same,...
- Section 40:32-17 - Leases
After such acquisition, the board may from time to time lease such lands with the improvements, equipment, furnishings and other property thereon, or any...
- Section 40:32-18 - Disposition Of Property When No Longer Needed For Housing Purposes
When the board shall by resolution determine that it would be advantageous to the county to use any or all of such lands or...
- Section 40:32-19 - Appropriation For Operating
The county may appropriate, and the board shall annually include in the budget, the amount of money deemed necessary for operating, maintaining, improving and...
- Section 40:33-1 - County Library; Establishment
The board of chosen freeholders of every county shall, in the manner hereinafter in this article provided, establish a free public library to be...
- Section 40:33-2 - Referendum
No such library shall be established until assented to by the legal voters of the county at any election at which the question of...
- Section 40:33-3 - Petition For Submission
At the request in writing of not less than three hundred qualified voters of the county, the board of chosen freeholders shall submit, at...
- Section 40:33-4 - Ballot; Form And Content
The board of chosen freeholders shall cause the question to be printed upon the ballots to be used at such election, in substantially the...
- Section 40:33-5 - Results Canvassed And Returned; Vote Required For Adoption
The result of the election shall be returned and canvassed in the same manner and at the same time as other elections. If a...
- Section 40:33-5.1 - Establishment By Resolution In Counties Under 150,000
The board of chosen freeholders of any county with a population of less than 150,000 which, on the effective date of this act, has...
- Section 40:33-6 - Establishment, Maintenance Of Libraries.
40:33-6. Upon the adoption of the provisions of this article the board of chosen freeholders may contract with an existing library, or library board,...
- Section 40:33-7 - County Library Commission
a. Should the governing body not enter into the contract provided for in R.S. 40:33-6, it shall within 60 days after this article becomes...
- Section 40:33-8 - County Library Commission.
40:33-8. The county library commission shall organize by the election of a chairman, and shall adopt rules and regulations for the establishment and maintenance...
- Section 40:33-8.1 - Purchases Not Requiring Advertisements For Bids
The county library commission of any county or the board of trustees of any regional library established by 2 or more counties may, within...
- Section 40:33-8.2 - Free County Library Administrators, Duties
36. The director or other chief administrative officer of each free county library shall: a. cause copies of the voter registration forms and instructions...
- Section 40:33-9 - Appropriations For Establishment And Maintenance; Amount
Upon the adoption of the provisions of this article, the board of chosen freeholders shall determine a sum sufficient for the establishment and, annually...
- Section 40:33-10 - Borrowing Money In Anticipation Of Library Taxes; Tax Notes
The board of chosen freeholders may borrow money, in anticipation of the receipt of taxes levied for county library purposes, not in excess of...
- Section 40:33-11 - Tax Revenue Notes Or Bonds For Delinquent Taxes
The board of chosen freeholders may issue tax revenue notes or tax revenue bonds for the county library tax which has become delinquent for...
- Section 40:33-12 - County Treasurer Custodian Of Library Funds; Payment Of Bills
The county treasurer shall be the custodian of the county library tax collected and of all other funds or moneys of the commission, and...
- Section 40:33-13 - Participation By Municipalities
When any municipality, maintaining a public library and situate in a county which has adopted a county library system under the provisions of this...
- Section 40:33-13a - Withdrawal From County System
Any municipality which is a member of a county library system not exempted as provided hereafter, may withdraw from that system by resolution of...
- Section 40:33-13b - Withdrawal From County Library System
Any municipality which is a member of a county library system pursuant to R.S. 40:33-1 on the effective date of this amendatory and supplementary...
- Section 40:33-13.1 - Contracts With Other Municipalities For Additional Library Service
The governing body of any municipality which forms part of a county library system may, by resolution, contract with any other municipality which maintains...
- Section 40:33-13.2 - Use Of Money Received Under Contract
The governing body of such other municipality may, by resolution, enter into contract as provided in this act and all sums of money paid...
- Section 40:33-13.2a - Authority To Acquire Real Property Or Other Interest; Maintaining Facilities; Bonds; Ad Valorem Taxes
Notwithstanding the provisions of any other law, the board of chosen freeholders of any county is hereby authorized and empowered to acquire real property...
- Section 40:33-13.2b - Agreements With Respect To Provision, Leasing, Use, Operation Or Maintenance; Payments On Account
Said board of chosen freeholders and any county library commission, governing body of any municipality or board of trustees of any free public library...
- Section 40:33-13.2c - Employee Of County Library System Formerly Employee Of Municipal Free Public Library; Classified Service
Any former employee of a municipal free public library who has become an employee of a county library system pursuant to an agreement providing...
- Section 40:33-13.2d - Short Title
This act shall be known and may be cited as the "County Library Reorganization Law." L.1981, c. 489, s. 1, eff. Jan. 12, 1982.
- Section 40:33-13.2e - County Library Study Commission; Establishment; Petition; Members; Chairman; Reimbursement Of Expenses
The governing body of any county which has established a county library as provided in chapter 33 of Title 40 of the Revised Statutes...
- Section 40:33-13.2f - County Library Commission; Duties
It shall be the duty of the county library study commission to study the county library system, assess its needs, and evaluate its ability...
- Section 40:33-13.2g - Offices; Expenses; Payment; Employees, Consultants And Clerical Staff; Report Of Findings And Recommendations; Referendum Question On Reorganization Of System
a. The governing body of the county shall provide the county library study commission with such offices as may be necessary for the conduct...
- Section 40:33-13.2h - Question Of Reorganization; Form On Ballot; Publication Of Report; Vote Necessary
The question of the reorganization of the county library system shall be submitted to the voters in substantially the following form: "Shall the county...
- Section 40:33-13.2i - "Branch Development Option."
6.The option for reorganization of the county library system provided in this section shall be known as the "Branch Development Option" and shall govern...
- Section 40:33-13.2j - "Service Contract Option."
7.The option for reorganization of the county library system provided in this section shall be known as the "Service Contract Option" and shall govern...
- Section 40:33-13.2k - "Tax Base Sharing Option."
8.The option for reorganization of the county library system provided in this section shall be known as the "Tax Base Sharing Option," and shall...
- Section 40:33-13.2l - . County With Tax Base Sharing Option; Exclusion Of Appropriations As County Tax Levy Under Cap Law
For the first 2 years following the reorganization of a county library system pursuant to section 8 of this act, any appropriation made by...
- Section 40:33-13.2m - Evaluation Of County Library System After Rejection By Voters Or After Reorganization; Time Interval After Election
a. Except as provided in subsection c. of this section, the governing body of any county which has rejected a question placed on the...
- Section 40:33-13.2n - Rules, Regulations.
11.The State Librarian, with the approval of the President of Thomas Edison State College is authorized to promulgate, pursuant to the "Administrative Procedure Act,"...
- Section 40:33-13.3 - Establishment By Joint Agreement
Any 2 or more counties may, by joint agreement adopted by similar resolutions of their boards of chosen freeholders, provide for the establishment and...
- Section 40:33-13.4 - Provisions Of Agreement
The regional library agreement shall provide for: (a) the establishment and maintenance of a regional library upon the approval of such agreement by such...
- Section 40:33-13.5 - Amendment Of Regional Library Agreement; Filing Copy.
3.The regional library agreement may, from time to time, be amended or supplemented by the adoption of similar resolutions by all the boards of...
- Section 40:33-13.6 - Resolution; Public Inspection; Publication
Upon the introduction of a resolution approving such agreement, or any amendment or supplement thereto, such resolutions, agreement, amendment, or supplement shall be and...
- Section 40:33-13.7 - Board Of Trustees; Membership; Appointment; Vacancies; Compensation
The regional library shall be under the management and control of a board of trustees to be designated as "the trustees of the (names...
- Section 40:33-13.8 - Organization Of Board; Officers; Term Of Office
The board of trustees shall organize annually and elect, from among its members, a president and vice-president. It shall also appoint a treasurer and...
- Section 40:33-13.9 - Boards As Body Public And Corporate; Powers
The board of trustees shall be a body public and corporate and may: (a) sue and be sued; (b) adopt a corporate seal; (c)...
- Section 40:33-13.9a - Regional Library Administrators, Duties
37. The director or other chief administrative officer of each regional library established under the provisions of P.L.1962, c.134 (C.40:33-13.3 et seq.) shall: a....
- Section 40:33-13.10 - Annual Reports
The board of trustees shall make annual reports to the boards of chosen freeholders of the participating counties, to the governing bodies of such...
- Section 40:33-13.11 - Proposal Of Sum Required For Operation And Expenses; Objections; Determination
The board of trustees shall annually, not later than November 1, propose to the boards of chosen freeholders of each of the participating counties...
- Section 40:33-13.12 - Assessment And Levy Of Taxes
Each board of chosen freeholders shall certify to its county board of taxation the sum to be provided by that county as certified or...
- Section 40:33-13.13 - Duties Of Treasurer; Annual Audit
The treasurer of the board of trustees shall receive and hold, in behalf of the board, all funds of the library and shall pay...
- Section 40:33-13.14 - Agreements With Municipalities Not Served By Regional Library.
12.The board of trustees may enter into agreements with the governing body of any municipality which is not then served by the regional library...
- Section 40:33-13.15 - Disposition Of Revenues
Money paid to the regional library for lost or damaged books or other library materials, for use of "pay" or "rental" collections and for...
- Section 40:33-13.16 - County Library Commission; Termination; Assets And Obligations
Upon the establishment of a regional library, the terms of office of all members of any county library commission of any participating county shall...
- Section 40:33-13.17 - Regional Library As "Public Agency Or Organization" Within Public Employees' Retirement Act
Any regional library established pursuant to this act shall be deemed a "public agency or organization" as that term is used in the Public...
- Section 40:33-13.18 - Withdrawal Of Participating County
If the board of chosen freeholders of any participating county shall determine by resolution to withdraw its participation in the support, maintenance and control...
- Section 40:33-14 - Law Library; Maintenance; Purchase Of Books; Annual Expenditures Limited
40:33-14. The board of chosen freeholders may maintain at the courthouse a law library for the use of the courts held in the county,...
- Section 40:33-15 - Morris County; Reorganization Of Free County Library; Resolution
Notwithstanding the provisions of any other law, the board of chosen freeholders of any county having a population of not less than 350,000 nor...
- Section 40:33-16 - Definitions
As used in this act: a. "First level services" means services provided by a free county library which are coextensive with those provided by...
- Section 40:33-17 - County Library Commission; Members
The "county library commission" in such counties shall consist of seven members. On or before the effective date of such reorganization, the board of...
- Section 40:33-18 - Proposal Of Operational Amount For Ensuing Calendar Year
The county library commission in such counties shall annually, not later than November 1, propose to the board of chosen freeholders the total sum...
- Section 40:33-19 - Funding County Library Services
Following the passage of a resolution to reorganize the free county library pursuant to the provisions of this act and annually thereafter, the board...
- Section 40:33-20 - Municipalities; Continuation Of Receipt Of Services From Free County Library; Exceptions
Municipalities receiving benefits from the free county library prior to the adoption of a resolution by the board of chosen freeholders to reorganize the...
- Section 40:33-21 - Report On Effectiveness Of Second Level Services
Within 18 months following the reorganization of the free county library pursuant to this act, after consultation with all the libraries in the county,...
- Section 40:33-22 - Application Of Provisions On Free County Libraries
All free county libraries reorganized pursuant to the provisions of this act shall be governed by the provisions of article 1, chapter 33, Title...
- Section 40:33-23 - Consideration Of Increase In County Tax Levy To Fund Second Level Services For Purposes Of Calculating Permissible Expenditures
In the first year in which a free county library is reorganized pursuant to the provisions of this act, the amount which the county...
- Section 40:33a-1 - Creation; Membership; Terms; Vacancies; Compensation
The board of chosen freeholders of any county is authorized to create, by resolution, a county cultural and heritage commission to be composed of...
- Section 40:33a-2 - Organization; Chairman
The commission shall organize as soon as may be following appointment of its members, and annually thereafter, by election of a chairman from among...
- Section 40:33a-3 - Responsibility Of Commission
A county cultural and heritage commission shall be responsible for the development of county programs to promote public interest in local and county history,...
- Section 40:33a-4 - Museum And Cultural Programs; Exhibits And Displays
The commission, as from time to time authorized by the board, may establish museum and cultural programs, exhibits and displays including the fine and...
- Section 40:33a-5 - Funds
The board is authorized to include funds for the work of the commission in its annual budget and to make appropriations to the commission...
- Section 40:33a-6 - Gifts, Grants And Bequests; Solicitation And Acceptance; Deposit; Budgeting, Expenditure And Accounting
a. A county cultural and heritage commission created pursuant to the provisions of P.L.1968, c. 31 (C. 40:33A-1 et seq.) may, in the name...
- Section 40:33b-1 - Short Title
This act shall be known and may be cited as the "County Historical Commission Act." L. 1987, c. 255, s. 1.
- Section 40:33b-2 - Findings, Declarations
The Legislature finds and declares that this generation is obligated to future generations to maintain our historical and cultural heritage by preserving historic buildings...
- Section 40:33b-3 - Definitions
As used in this act: a. "Commission" means a county historical commission established pursuant to this act. b. "Historic building" means a building or...
- Section 40:33b-4 - County Historical Commission
a. The governing body of any county, by ordinance or resolution, as appropriate, may establish a county historical commission. b. The commission shall consist...
- Section 40:33b-5 - Powers Of Commission
The commission has the power to: a. Develop standards for the designation of any property, or improvement thereto, as an historic building; b. Designate...
- Section 40:33b-6 - Appeal
Any designation effectuated or regulation promulgated pursuant to this act shall be subject to an appeal thereof to the governing body of the county...
- Section 40:33b-7 - Bonds; Revenue
The governing body of any county in which a county historical commission is established pursuant to this act is authorized to issue bonds for...
- Section 40:33b-8 - Application For Funds
a. A county historical commission may, in the name of the county and with the approval of the county governing body, apply for and...
- Section 40:33b-9 - Powers To County Cultural And Heritage Commission
The governing body of any county in which there is established a county cultural and heritage commission pursuant to P.L. 1968, c. 31 (C....
- Section 40:33b-10 - Approval Of Commissioner
Any rule, regulation, ordinance, resolution or standard adopted or promulgated pursuant to this act and applying to an historic building which is included in...
- Section 40:34-1 - Erection And Maintenance
The board of chosen freeholders may construct and maintain, or contribute funds towards the construction and maintenance of such statues, monuments or other memorials...
- Section 40:34-2 - Referendum
The board of chosen freeholders may, at any general election, submit the question of whether or not it shall appropriate funds towards the construction...
- Section 40:34-3 - Proposition Printed On Ballot; Ballot; Form And Content
Upon the adoption of a resolution for the submission of the question at such election the clerk of the board of chosen freeholders shall...
- Section 40:34-4 - Vote Required For Adoption
If a majority of the legal voters voting on the question shall vote YES, the board of chosen freeholders may proceed to accept the...
- Section 40:34-5 - Powers Conferred Deemed Additional
Nothing in sections 40:34-2 to 40:34-5 of this title contained shall limit or restrict any power conferred upon the board of chosen freeholders by...
- Section 40:34a-1 - Counties; Authorizations; Acquisition Of Property; Construction Of Facility; Raising Money; Issuance Of Debt Obligations; Operation Of Facility
Every county is hereby authorized and empowered, subject to the approval of the municipality in which the parking facility is to be located, to...
- Section 40:34a-2 - Establishment As Part Of County's Public Parking System; Municipal Public Utility Of County
Said board by resolution may determine and establish that any one or more or all of such off-street parking facilities shall be part of...
- Section 40:34a-3 - Limitation On Period Of Usefulness
The period of usefulness of every off-street parking facility for any purpose under the local bond law, whether with respect to original acquisition or...
- Section 40:34a-4 - Exemption From Taxes And Special Assessments
Every off-street parking facility is hereby declared to be devoted to an essential public and governmental function and purpose and shall be exempt from...
- Section 40:34a-5 - Municipalities; Powers
Every municipality shall have the power from time to time, by or pursuant to ordinance duly adopted or by instruments or other action authorized...
- Section 40:34a-6 - Municipalities; Authorization; Validity And Binding Effect Of Obligations And Pledges; Use By County As Security For Its Bonds Or Notes
Every municipality which shall make any contract, covenant or agreement with a county or pledge to a county pursuant to this act is hereby...
- Section 40:34a-7 - Municipalities; Cooperation With County; Acquisition Of Property; Provision Of Services
For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of an off-street parking facility of a county, any municipality...
- Section 40:34a-8 - Authority Of Municipality To Incur Expense
In connection with any public improvements made by any municipality in exercising the powers herein granted or referred to, such municipality may incur the...
- Section 40:34a-9 - Counties; Authorization And Power For Agreements With Other Governmental Agencies
Every county is hereby authorized and empowered to enter into agreements of any nature whatsoever with the United States of America or the State...
- Section 40:35-1 - Purposes For Which Plants May Be Erected
The board of chosen freeholders may erect, equip and maintain plants for lighting county roads, and supplying light, heat and general power for buildings...
- Section 40:35-2 - Operation And Supervision
Such plants shall be operated and maintained at the expense of the county, and shall be supervised by a committee consisting of members of...
- Section 40:35-3 - Contracts For Services Instead Of Building Plants
If the board of chosen freeholders shall deem it more advantageous to the county, it may contract with any person for the lighting of...
- Section 40:35a-1 - Establishment Of Service And Operation Of System; Resolution Or Ordinance
The governing body of any county may by resolution or ordinance, as the case may be, provide for the establishment of a public transportation...
- Section 40:35a-2 - Contract With Public Or Private Entity
Any county operating or providing for the operation of a transportation service and system pursuant to this act may contract with any public or...
- Section 40:37-1 - Shade Tree Commission; Freeholders' Powers
40:37-1. The board of chosen freeholders of any county may, by resolution, establish and appoint a board of shade tree commissioners to consist of...
- Section 40:37-2 - Commissioners' Term Lengths; Alternates
40:37-2. Of the commissioners first appointed, if the commission is to consist of five members, one shall serve for one year, one for two...
- Section 40:37-3 - Organization; Officers; Salary Of Secretary
The shade tree commission shall organize within 30 days after the appointment of its total membership for the remainder of the then current calendar...
- Section 40:37-4 - Commissioners Serve Without Compensation; Expenses
The shade tree commissioners shall serve without compensation, but with the consent of the board of chosen freeholders, shall be entitled to be reimbursed...
- Section 40:37-5 - Powers; Regulations; Trees On Highways; Parks
Except as hereinafter provided, the shade tree commission may exercise exclusive control over the regulation, planting and care of shade and ornamental trees and...
- Section 40:37-6 - Regulations For Protection Of Trees And Shrubbery; Penalties
The shade tree commission, with the consent of the board of chosen freeholders may make rules and regulations for the protection and care of...
- Section 40:37-7 - Enforcement Of Rules And Regulations; Jurisdiction Of Courts
Any court within the county having jurisdiction over proceedings for the violation of municipal ordinances in any municipality within the county, shall have jurisdiction...
- Section 40:37-8 - Copy Of Rules As Evidence
A copy of any rule or regulation of the shade tree commission, certified to under the hand of the secretary or chairman, shall be...
- Section 40:37-9 - Disposition Of Fines
All moneys collected by the county shade tree commission, either as fines or penalties for violation of a rule or regulation of the commission,...
- Section 40:37-10.1 - Estimated Expenditures; Purposes; Annual Appropriation
During the month of December in each year the commission shall certify to the board of chosen freeholders of the county the estimated sum...
- Section 40:37-10.2 - Immunity From Liability For Death, Injury
7. Nothing in this article contained shall be construed to make any shade tree commission or a member thereof, or any volunteer participating in...
- Section 40:37-11 - Limitation Of Powers
Except with the consent of the agencies hereinafter named, the powers and duties provided for in this article for a county shade tree commission...
- Section 40:37-11.1 - Contract With Federal Agency For Occupation And Use Of Property By Federal Government Or Agency
Any county park commission may enter into negotiations and may contract with the United States or with any board, body, commission, department or agency...
- Section 40:37-11.2 - Contract With Municipality Or Administrator Of Public Housing And Development Authority For Use Of Lands For Veterans' Emergency Housing
The county park commission in any county may contract with any municipality in such county, or with the Administrator of the Public Housing and...
- Section 40:37-11.3 - Gifts Or Trust Funds For Park Purposes; Investment
Whenever any county park commission receives any gift of funds for park purposes, or is the recipient of any trust funds for such purposes,...
- Section 40:37-11.4 - Capital Improvement Fund; Investment Of Moneys
Whenever proceeds from the sale of lands, or moneys otherwise received, are required by law to be set aside by a county park commission...
- Section 40:37-11.5 - Indemnification Of Park Police For Costs Of Defense Of Civil And Criminal Actions
Whenever a member or officer of a county park police system is a defendant in any action or legal proceeding arising out of or...
- Section 40:37-11.6 - Abolition Of County Park Police Force.
1. a. (1) Except as otherwise provided in paragraph (2) of this subsection, when the governing body of a county abolishes a county park...
- Section 40:37-11.7 - County Park Commission To Maintain Internet Website Or Webpage; Contents.
3.Any county park commission established pursuant to chapter 37 of Title 40 of the Revised Statutes shall maintain either an Internet website or a...
- Section 40:37-12 - Appropriations For Park Purposes; Referendum; Petition
This section and sections 40:37-14 and 40:37-15 of this title shall remain inoperative in any county until adopted by a majority of the votes...
- Section 40:37-13 - Certain Counties Governed Hereby
In counties wherein the legal voters have heretofore adopted the provisions of an act entitled "A supplement to the act entitled "An act in...
- Section 40:37-14 - Amount To Be Raised Annually; Determination
The board of chosen freeholders in any county in which a county park system shall have been adopted or created, and in which the...
- Section 40:37-15 - Money Paid To Park Authorities
The amount so declared and raised by taxation shall be paid over to and expended by the commission, board, or other authority in the...
- Section 40:37-15.2 - Counties Having Park System Established By Referendum Pursuant To Section 40:37-96
The board of chosen freeholders in any county having a county park system established by referendum pursuant to the provisions of R.S. 40:37-96, and...
- Section 40:37-16 - Money For Construction Or Improvement Of County Parks
In ordering in each year the amount of money to be raised for county purposes the boards of chosen freeholders may, in their discretion,...
- Section 40:37-17 - Acquisition Of Lands In Adjoining County Contiguous To County Park
Whenever any public park has or shall have been established in any county along or contiguous in part to any line dividing the county...
- Section 40:37-17.1 - Joint Development And Operation Of Park And Recreational Facilities By Adjoining Counties
The county park commissions of any two or more adjoining counties may by joint agreement provide for the joint development and operation of park...
- Section 40:37-18 - Rules And Regulations Effective Throughout Park; Arrests; Prosecutions
Whenever by virtue of section 40:37-17 of this Title any park commission or other body has or shall have established any public park which...
- Section 40:37-19 - Commissioners; Terms; Powers And Duties; Vacancies
In any county having a population of more than one hundred and fifty thousand, the board of chosen freeholders may elect five persons, to...
- Section 40:37-20 - Assistants; Limitation Of Expenditures
The commissioners provided for in section 40:37-19 of this title may employ such assistants as they may deem necessary and may expend such sums...
- Section 40:37-21 - Commissioners; Appointment; Terms; Powers And Duties; Vacancies
In any county having a population of more than two hundred thousand, the Superior Court assignment judge of the county may appoint five persons...
- Section 40:37-22 - Assistants; Compensation And Expenses
The commissioners may employ such assistants as they deem necessary and expend such sums therefor and in the discharge of their duties, including the...
- Section 40:37-23 - Recreation Building
The commissioners appointed under section 40:37-21 of this title may construct and maintain in any such park located in any city of the second...
- Section 40:37-95.1 - Applicable To All Counties; Inoperative Until Approved By Voters
The provisions of this act shall apply to all counties, but shall remain inoperative in any county until submitted to and approved by the...
- Section 40:37-95.2 - Park Commission
In any county which has adopted or shall adopt the provisions of this act, the board of chosen freeholders shall by resolution passed by...
- Section 40:37-95.3 - Commissioners; Term
The commissioners first elected shall hold office for the term of 1, 2, 3, 4 and 5 years respectively, as indicated and fixed by...
- Section 40:37-95.4 - Officers; Appointees; Term; Compensation
The commission shall annually choose from among its members a president and vice-president, and shall elect a secretary and such other officers and appoint...
- Section 40:37-95.4a - Counties Of Second Class Between 460,000 And 525,000; Tenure Of Employees
Any full-time employee appointed to office, position or employment by a county park commission in any county of the second class having a population...
- Section 40:37-95.5 - Powers Of Commission; Records; Meetings
The commission may sue and be sued, use a common seal, make by-laws and carry out the objects of this act as hereinafter set...
- Section 40:37-95.6 - President; Vice-president; Secretary; Duties; Disbursements
The president shall preside at all meetings of the commission, and shall, with the treasurer, sign all checks, drafts, notes, requisitions of funds, contracts...
- Section 40:37-95.7 - Appointments Of Commission; Approval By Board Of Chosen Freeholders
All appointments of officers and employees to be made by the park commission except its president, vice-president and secretary shall be made with the...
- Section 40:37-95.8 - Adverse Interest Of Officer Or Employee; Misdemeanor
It shall be a misdemeanor for any member of the park commission or any officer or employee appointed by it, to be interested directly...
- Section 40:37-95.9 - Office; Expenditures; Limitation; Appropriation Of Moneys From Revenue Producing Facilities
The board of chosen freeholders shall provide the commission with a suitable office and upon the establishment of the commission may make available for...
- Section 40:37-95.10 - Moneys Required To Be Raised By Taxation; Bonds
The commission may draw the moneys provided and made available by the board of chosen freeholders for the purposes of this act on requisition...
- Section 40:37-95.10a - Issuance Of Bonds Or Other Obligations Of County Pursuant To Local Bond Law; Limitation On Amount
In any county which has adopted the provisions of the act of which this act is a supplement, the board of chosen freeholders, in...
- Section 40:37-95.10b - Submission Of Act To Voters
The provisions of this act shall remain inoperative in any such county until submitted to and approved by the legal voters of the county...
- Section 40:37-95.10c - Ballots
Whenever the board of chosen freeholders of the county shall pass a resolution authorizing the submission of the question of the adoption or rejection...
- Section 40:37-95.10d - Operative Upon Approval Of Voters By Majority Vote
If at such election a majority of all the votes cast both for and against the adoption of such law shall be cast in...
- Section 40:37-95.10e - Issuance Of Bonds Or Other Obligations Of County Pursuant To Local Bond Law; Limitation On Amount
In any county which has adopted the provisions of the act of which this act is a supplement and in which bonds for county...
- Section 40:37-95.10f - Submission Of Act To Voters
The provisions of this act shall remain inoperative in any such county until submitted to and approved by the legal voters of the county...
- Section 40:37-95.10g - Ballots
Whenever the board of chosen freeholders of the county shall pass a resolution authorizing the submission of the question of the adoption or rejection...
- Section 40:37-95.10h - Operative Upon Approval Of Voters By Majority Vote
If at such election a majority of all the votes cast both for and against the adoption of such law shall be cast in...
- Section 40:37-95.10i - Bonds Or Other Obligations; Issuance; Amount
Any county which shall have heretofore adopted or which shall hereafter adopt the provisions of P.L.1970, c. 148 shall be authorized to issue bonds...
- Section 40:37-95.10j - Additional Bonds Or Obligations; Issuance For Land, Improvements Or Payment Of Notes; Limitations
In any county which has adopted the provisions of the act of which this act is a supplement and in which bonds for county...
- Section 40:37-95.10k - Submission To And Approval By Voters
The provisions of this act shall remain inoperative in any such county until submitted to and approved by the legal voters of the county...
- Section 40:37-95.10l - Public Question; Submission To Voters
Whenever the governing body of the county shall pass a resolution authorizing the submission of the question of the adoption or rejection of this...
- Section 40:37-95.10m - Majority Vote To Adopt; Operative Effect
If at such election a majority of all the votes cast both for and against the adoption of such law shall be cast in...
- Section 40:37-95.10n - Additional Bonds, Obligations For Land And Improvements For County Parks
The governing body of any county having adopted the provisions of P.L.1946, c.276 (C.40:37-95.1 et seq.) may provide, in accordance with the provisions of...
- Section 40:37-95.10o - Submission Of Question To Voters
Whenever the governing body of a county subject to the provisions of this act shall adopt a resolution authorizing submission of the question of...
- Section 40:37-95.10p - Adoption Of Law
If a majority of all the votes cast both for and against adoption of the law are cast in favor of its adoption, the...
- Section 40:37-95.11 - Depositories
The commission may select a depository or depositories wherein all public moneys and other funds of the commission shall be deposited, any bank organized...
- Section 40:37-95.12 - Records; Annual Statements; Audits
The commission shall at all times keep or cause to be kept full and accurate accounts of its receipts and expenditures, and of its...
- Section 40:37-95.13 - Powers Of Commission.
13.The commission may: a.Acquire, maintain and make available to the inhabitants of the county, public parks, playgrounds and recreation places; b.Locate such public parks,...
- Section 40:37-95.13a - County Park Commissions
For purposes of P.L. 1985, c. 439 (C. 40A:14-146.8 et seq.), regarding the appointment of special law enforcement officers, county park commissions shall be...
- Section 40:37-95.14 - Right To Acquire Real Estate And Other Property; Grants By Franchise, Lease Or Contract
With the approval of the board of chosen freeholders of the county, the commission may acquire by gift, purchase or condemnation, such real estate...
- Section 40:37-95.15 - Power Of Eminent Domain
Whenever the commission shall have determined to take and acquire any real estate or any right or interest therein for any public park or...
- Section 40:37-95.16 - Surveys; Maps
Before proceeding to purchase or condemn real estate for a public park or place, the commission shall determine the location and quantity of the...
- Section 40:37-95.17 - Real Estate Owned By Municipality; Conveyance To County
The governing body of any municipality may without the payment of consideration, convey to the county wherein such municipality is located, for park purposes,...
- Section 40:37-95.18 - Roadways; Parkways; Grade; Alteration
The commission may within such park or parks or other places not only lay out and open roadways, parkways, and boulevards as herein provided,...
- Section 40:37-95.19 - Sale Of Land Not Required For Park Purposes; Auction
If all the members of the park commission shall by resolution determine that any real estate or part thereof acquired in pursuance of this...
- Section 40:37-95.20 - Vacation Of Roadways And Other Ways
The commission may by a four-fifths vote and with the approval of the board of chosen freeholders of the county vacate or surrender any...
- Section 40:37-95.21 - Rules And Regulations; Protection Of Parks; Penalties
The commission may make, alter, amend and repeal rules and regulations for the protection, regulation and control of such parks, and the roads, driveways,...
- Section 40:37-95.22 - Adoption Of Act; Referendum; Notice
Whenever the board of chosen freeholders shall, not later than sixty days before the next ensuing general election, pass a resolution authorizing the submission...
- Section 40:37-95.23 - Ballots
The county clerk shall cause the question to be printed upon the sample and official ballots for the general election in substantially the following...
- Section 40:37-95.24 - Adoption By Majority Vote; Commissioners Appointed Within 90 Days
If upon the canvass of the vote at such election it shall appear that a majority of those voting for or against the question...
- Section 40:37-95.25 - Existing Laws Relating To County Park Systems, Etc., Not Repealed
Nothing herein contained shall repeal any existing law relating to the establishment of county parks or be construed to apply to any county which,...
- Section 40:37-95.26 - Office And Expenses Of Commission
The board of chosen freeholders shall provide the commission, established pursuant to the act to which this act is a supplement, with a suitable...
- Section 40:37-95.27 - Application Of Act
The provisions of this act shall apply to all counties which have heretofore or shall hereafter adopt the provisions of chapter 276 of the...
- Section 40:37-95.28 - Submission Of Adoption Of Act To Voters
The question of the adoption of the provisions of this act, in the form set forth in section 4 hereof, shall be submitted to...
- Section 40:37-95.29 - Ballots
There shall be printed on each official ballot to be used at such election, the following: If you favor the proposition printed below make...
- Section 40:37-95.30 - Adopted Law Immediately Operative
If at such election a majority of all the votes cast both for and against the adoption of such law shall be cast in...
- Section 40:37-95.31 - Funds For Land And Improvements; Limitation Upon Obligations
In addition to any other funds or moneys provided for the purposes of the act to which this act is a supplement, the board...
- Section 40:37-95.32 - Application Of Act
The provisions of this act shall apply to all counties which have heretofore or shall hereafter adopt the provisions of chapter 276 of the...
- Section 40:37-95.33 - Submission Of Adoption Of Act To Voters
The question of the adoption of the provisions of this act, in the form set forth in section 4 hereof, shall be submitted to...
- Section 40:37-95.34 - Ballots
There shall be printed on each official ballot to be used at such general election, the following: If you favor the proposition printed below...
- Section 40:37-95.35 - Adopted Act Immediately Operative
If at such election a majority of all the votes cast both for and against the adoption of such law shall be cast in...
- Section 40:37-95.36 - Disposition Of Lands By County Park Commission; Resolution
Whenever by resolution a county park commission, established and operating in a county of the first class pursuant to subdivision C of article 4...
- Section 40:37-95.37 - Certification Of Resolution
A copy of said resolution shall be certified to the board of chosen freeholders of the county. L.1956, c. 87, p. 180, s. 2.
- Section 40:37-95.38 - Use Of Proceeds
The proceeds of the sale of such lands, after payment of the reasonable costs of the sale, shall be set aside by the commission...
- Section 40:37-95.39 - Effective Date
This act shall take effect immediately but no sale and conveyance shall be made pursuant to this act after January 1, 1957. L.1956, c....
- Section 40:37-95.40 - Park Police System
The county park commission may establish a constabulary to preserve order in the parks, parkways, playgrounds and recreation places under its control, and to...
- Section 40:37-95.41 - Powers Of Park Police.
1.The chief and officers of the park police may arrest on view and without warrant, and conduct before the municipal court of the municipality...
- Section 40:37-95.42 - Governing Body Control Of County Parks
It is lawful for the governing body of any county of the second class having a population in excess of 425,000, but less than...
- Section 40:37-95.43 - Advisory Commission
The governing body of any county acting pursuant to section 1 of this act may appoint a county park advisory commission to be composed...
- Section 40:37-95.44 - Former Commissioners
It is the intent of this act that members of any former county park commission in office in the county on the date the...
- Section 40:37-95.45 - Property Transfers
Whenever the county governing body acts pursuant to section 1 of this act, all moneys, files, books, papers, records, equipment and other property, real...
- Section 40:37-95.46 - Employee Rights Unimpaired
Whenever the county governing body acts pursuant to section 1 of this act, all employees employed by or on behalf of any former county...
- Section 40:37-95.47 - Succession Of Rights, Duties
Whenever the county governing body acts pursuant to section 1 of this act, it shall succeed to all the rights, powers, duties and obligations...
- Section 40:37-95.48 - Rules, Regulations
Whenever the county governing body acts pursuant to section 1 of this act, it shall prescribe rules and regulations for the administration, regulation and...
- Section 40:37-95.49 - Limited Applicability
The provisions of this act shall not apply to any county governed by the provisions of the "Optional County Charter Law," P.L. 1972, c....
- Section 40:37-96 - Counties Governed Hereby; Referendum; Exception
The provisions of sections 40:37-96 to 40:37-174 of this title shall apply to counties having a population of more than two hundred thousand inhabitants,...
- Section 40:37-97 - Commission; Appointment; Number
In any county having a population of more than 200,000, which is governed by sections 40:37-96 to 40:37-174 of this Title, the board of...
- Section 40:37-97.1 - Continuation Of Incumbent Commissioners In Office
Members of any county park commission governed by sections 40:37-96 to 40:37-174 of the Revised Statutes in office on the effective date of this...
- Section 40:37-98 - Commissioners; Terms; Vacancies
The commissioners first appointed in any county shall hold office for the term of 1, 2, 3, 4 and 5 years respectively, as indicated...
- Section 40:37-99 - Commission A Body Politic; Compensation And Expenses; Oaths
The persons so appointed when duly qualified, constituting the board of park commissioners, and their successors, shall be a body politic, with power to...
- Section 40:37-100 - Powers Of Other Park Commissioners Cease On Appointment Of Commissioners
Upon the appointment of commissioners in any county under sections 40:37-96 to 40:37-174 of this title the commissioners appointed in any such county under...
- Section 40:37-101 - Establishment And Location Of Parks; Acquisition Of Property; Rules And Regulations
The commission may acquire, maintain and make available to the inhabitants of the county wherein it is appointed, and to the public, parks and...
- Section 40:37-101.1 - Counties Over 200,000 Having Park Commission; Annual Appropriation For Maintenance Of Parks In Certain Cases; Limitation
In any county having a population of more than two hundred thousand and having a county park commission, the members of which shall be...
- Section 40:37-101.2 - Manner Of Appropriating, Paying Over And Expending Funds
The funds so raised and appropriated shall be raised and appropriated in the same manner as the funds for any other department of government...
- Section 40:37-101.3 - Adoption Of Sections 40:37-12, 40:37-14 And 40:37-15 Not To Be Submitted Within Five Years After Rejection
The question of the adoption or rejection of sections 40:37-12, 40:37-14 and 40:37-15 of the Revised Statutes shall not be submitted to the voters...
- Section 40:37-101.4 - Additional Lands; Acquisition After Lands Valued At 35% Of Tax Ratables Have Been Acquired
When any park commission established pursuant to the provisions of subdivision C of article five of chapter thirty-seven of Title 40 of the Revised...
- Section 40:37-101.5 - Assessor's Certificate That Value Of Lands Acquired Exceeds 35% Value Of Ratables
The assessor of any municipality, in which any such park commissioners shall have acquired lands exceeding in area thirty-five per centum (35%) of the...
- Section 40:37-101.6 - Appropriation To Municipality In Lieu Of Taxes
The county board of taxation shall in each year calculate the sum of money in which the municipality would have derived during said year...
- Section 40:37-102 - Surveys And Maps Of Parks; Records
Before proceeding to purchase or condemn real estate for a public park or place, the commission shall determine the location and quantity of the...
- Section 40:37-103 - Condemnation For Parks; Law Applicable
Whenever the commission shall have determined to take and acquire any real estate or any right or interest therein for any public park or...
- Section 40:37-104 - Construction Of Roadways; Acquisition Of Real Estate; Exemption From Taxation
The commission may connect any road, park or public open space with any other park or public open space, and with any municipality in...
- Section 40:37-105 - Survey And Map Of Roadways And Boulevards; Records
Before laying out and opening any roadway, parkway or boulevard, the commission shall cause a survey to be made and a map thereof to...
- Section 40:37-106 - Construction And Improvement Of Roadways And Paths
The commission may: a. Construct and maintain along, across, upon and over any of the real estate acquired by it under sections 40:37-96 to...
- Section 40:37-107 - Commission May Establish Grades; Pavement And Improvement Of Roadways
The commission may not only lay out and open roadways, parkways and boulevards, connecting parks and open spaces as herein provided, but may also...
- Section 40:37-108 - Lines Of Frontage On New Parkways
The commission may also determine, in the case of a new parkway or boulevard laid out and opened by it, the lines for the...
- Section 40:37-109 - Condemnation For Roadways; Commissioners Appointed; Benefits Assessed
Whenever the commission shall determine to open and lay out a boulevard, parkway or roadway, or make any improvement thereof which shall require the...
- Section 40:37-110 - Commissioners; Appointment; Duties; Oaths
At the time and place specified in the notice provided for in section 40:37-109 of this Title the judge shall appoint three disinterested freeholders...
- Section 40:37-111 - Hearing And Notice; View Premises; Report
The commissioners so appointed shall fix a time and place when they will hear the persons interested in the property to be taken, and...
- Section 40:37-112 - Court To Hear Objections To Report; Confirmation
Upon receipt of any such report, signed by the commissioners, or any two of them, the court shall cause such notice to be given...
- Section 40:37-113 - Rules Of Procedure
The Supreme Court may make such rules for the regulation of the practice and procedure under sections 40:37-96 to 40:37-174 of this Title as...
- Section 40:37-114 - Compensation Of Commissioners; Expenses; Inclusion In Cost Of Improvement
The court shall, upon application, by the county park commissioners or on its behalf, fix and determine the compensation to be paid the commissioners...
- Section 40:37-115 - Benefits Assessed Deducted From Damages Awarded
Whenever damages are awarded under the provisions of section 40:37-111 of this title to an owner of real estate, and benefits are assessed against...
- Section 40:37-116 - Award Collected By Suit
Any person to whom an award shall be made may, subject to the deduction of benefits assessed, sue for and collect or obtain payment...
- Section 40:37-117 - Assessments A Lien; Collection; Action At Law
The county park commissioners may collect the assessments for benefits either by a civil action in the name of the commission against the person...
- Section 40:37-118 - Improvement Of Parkways And Boulevards Already Established; Assessments For Benefits; Appointment Of Commissioners
Whenever the county park commission shall determine to make any improvement of any parkway, boulevard or part thereof, theretofore laid out or opened by...
- Section 40:37-119 - Assessments A Lien Until Paid
All assessments for benefits made under sections 40:37-96 to 40:37-174 of this title shall remain liens upon the real estate benefited, from the confirmation...
- Section 40:37-120 - Sale Of Lands For Unpaid Assessments; Notice And Publication
If any assessment shall remain in arrears for more than six months after confirmation, suit may be brought for its collection with interest and...
- Section 40:37-121 - Sale For Term Of Years
At the sale, the real estate shall be publicly sold to the person who will take the same for the shortest period of time,...
- Section 40:37-122 - Adjournment Of Sale; Notice
The commission may adjourn a sale from time to time by making proclamation thereof, and proceed therewith on the adjourned day.
- Section 40:37-123 - Certificate Of Sale; Issuance; Assignability; Recording
The commission shall make and deliver to a purchaser at such sale who shall have made payment, a certificate of sale, signed by its...
- Section 40:37-124 - Redemption Of Property Sold
The owner of any real estate so sold, his legal representatives, or any mortgagee or judgment creditor, having a legal or equitable interest therein...
- Section 40:37-125 - Time For Redemption; Declaration Of Sale; Contents; Filing
If at the expiration of three years no such redemption as is provided for in section 40:37-124 of this title is made, the commission...
- Section 40:37-126 - Effect Of Declaration Of Sale; Liability For Waste
The declaration of sale shall be presumptive evidence in all courts and places that the sale and proceedings were regular and according to law,...
- Section 40:37-127 - Redemption By Mortgagee; Notice To Mortgagee; Rights After Redemption
No mortgagee whose mortgage shall have been recorded or registered before the sale shall be divested of his rights in and to the real...
- Section 40:37-128 - Unsold Land Struck Off To Commission
Real estate which is not bid off and sold when offered for sale or resale, according to the provisions of sections 40:37-96 to 40:37-174...
- Section 40:37-129 - Freeholders To Borrow Money Upon Requisition Of Park Commission; Bonds; Limitation
To meet the expenses incurred under the provisions of sections 40:37-96 to 40:37-174 of this title in addition to the sum of money received...
- Section 40:37-130 - Additional Bond Issues
The following supplements to the act entitled "An act to establish public parks in certain counties in this state and to regulate the same,"...
- Section 40:37-130.1 - Additional Bond Issue For County Parks And Parkways; Total Amount; Disposition Of Proceeds
To meet the further expenses to be incurred by counties of the first class or by counties of the second class having a population...
- Section 40:37-130.2 - Additional Bond Issue; Parks And Parkways
To meet the further expenses to be incurred by counties of the first and second class, under the provisions of R.S. 40:37-96 to 40:37-174,...
- Section 40:37-131 - Bond; Issuance; Law Applicable; How Paid
Such bonds shall be issued in accordance with the provisions of article 1 of chapter 1 of this title (s. 40:1-1 et seq.). The...
- Section 40:37-131.1 - Additional Bonds; Issuance; Maximum Amount; Proceeds
To meet the further expenses to be incurred by counties of the first class under the provisions of sections 40:37-96 to 40:37-174 of the...
- Section 40:37-131.2 - Additional Bonds; Issuance; Maximum Amount; Proceeds
To meet the further expenses to be incurred by counties of the first class under the provisions of sections 40:37-96 to 40:37-174 of the...
- Section 40:37-132 - Amount Collected From Benefit Assessment Applied To Payment Of Bonds
Upon the receipt of moneys collected from benefit assessments the park commissioners shall turn over the sum so collected to the officer, board or...
- Section 40:37-132.1 - Moneys Received For Lands Transferred By Counties Of First Class For State Highway Purposes
When, in any county of the first class in which there is a county park commission governed by and acting under the provisions of...
- Section 40:37-132.2 - Moneys Received For Lands Transferred By Counties For State Highway Purposes; Release For Specific Purposes
When, in any county having a county park commission governed by the provisions of R.S. 40:37-96 to 40:37-174, inclusive, the park commission has heretofore...
- Section 40:37-133 - Lands Used Only For Park Purposes; Railroads Excluded; Exceptions
All real estate taken or held under sections 40:37-96 to 40:37-174 of this title for the purpose of public parks shall be forever kept...
- Section 40:37-134 - Rules And Regulations; Notice; Penalties; Disposition Of
The commission may make rules and regulations for the government and use of the parks, open spaces, boulevards, parkways and roadways, and enforce the...
- Section 40:37-135 - Control Of Streets Or Parks Transferred To County Park Commission
Any county board having control of any street, avenue or road within the county, and any municipality within the county or any board in...
- Section 40:37-136 - Return Of Control Of Street To Municipality; Consent Required
Whenever a municipality has, prior to March nineteenth, one thousand nine hundred and twenty-three, transferred to the county park commission the care, custody and...
- Section 40:37-137 - Return Of Control Of Streets To County Or Municipality
When any county or municipal board having control of any street, avenue or road within the county has, prior to April twentieth, one thousand...
- Section 40:37-138 - Return Of Park Lands To City Of The First Class
When any city of the first class has, prior to March twenty-ninth, one thousand nine hundred and twenty-seven, transferred to the county park commission...
- Section 40:37-139 - Dedication Of Park Lands For Public Street In Certain Cases
When, in any city of the first class, any real estate owned by or under the care, custody and control of the county park...
- Section 40:37-140 - Dedication Of Lands For Street Upon Request
When the governing body of any county or municipality shall request the park commission to dedicate real estate owned by, or under the care,...
- Section 40:37-141 - Copy Of Resolution And A Map Filed
A copy of the resolution of the park commission and of the resolution of the county or municipality, and a map of so much...
- Section 40:37-142 - Conveyance Of Park Lands For School Purposes In Certain Cases
When land acquired prior to April twentieth, one thousand nine hundred and thirty-one, for a public park by the commission surrounds on three sides...
- Section 40:37-143 - Improvement And Care Of Connecting Parkways
When a portion of a contemplated parkway for the connection of two established parks or reservations is already a street, avenue or way, the...
- Section 40:37-144 - Contracts For Elimination Of Grade Crossings
The commission may enter into contracts with any municipality within which are located lands of the commission, and with any railroad company whose road...
- Section 40:37-145 - Use Of Park Property For Sewers And Wells; Contracts
The county park commission may contract with any county, municipality, joint outlet sewerage commission, district sewerage board or district water supply commission for the...
- Section 40:37-146 - Exchange Of Real Estate For Park Improvement
For the purpose of straightening or rendering symmetrical the boundary or boundaries of any park or parkway owned by, or under the care, custody...
- Section 40:37-146.1 - Sale Of Real Estate At Private Sale
Any real estate or part thereof heretofore or hereafter acquired by a county park commission governed by sections 40:37-96 to 40:37-174 of the Revised...
- Section 40:37-146.2 - Sale Of Real Estate Separated By Highway Construction From Main Park; Option To Purchase By Political Entities
Whenever a tract of land not exceeding 2 acres and comprised within the established limits of any one county park under the supervision and...
- Section 40:37-146.3 - Leases Of Lands Or Concessions To Highest Responsible Bidder; Term; Conditions
a. Notwithstanding the provisions of any law to the contrary, a county park commission established pursuant to R.S. 40:37-96 et seq. may lease park...
- Section 40:37-147 - Use Of Parks For Games And Other Purposes
It shall be lawful to be present at and take part in, in county parks owned, maintained and operated by counties under authority of...
- Section 40:37-147.1 - Charges For Admission To Or Use Of Recreational Facilities
Whenever any county park commission shall have constructed and maintained, or shall construct and maintain, an indoor or outdoor recreation center or centers and...
- Section 40:37-148 - Officers And Employees; Appointment And Compensation
The commission shall annually choose from among its members a president, vice president and treasurer, and appoint a clerk or secretary and such other...
- Section 40:37-148.1 - Allocation Of Offices, Positions Or Employments To Classified Service Without Examination; Exceptions
All offices, positions or employments held with any county park commission in a county of the first class created or existing pursuant to sections...
- Section 40:37-148.2 - Passaic County; Tenure Of Employees
Any full-time employee appointed to office, position or employment, pursuant to the provisions of R.S. 40:37-148, by a county park commission in any county...
- Section 40:37-151 - Office; Records; Open To Public Inspection
The commission shall have a suitable office where its maps, plans, documents, records and accounts shall be kept, open to public inspection at such...
- Section 40:37-152 - Rules And Regulations; Penalties For Violations
The commission may: a. Make, alter, amend and repeal rules and regulations for the protection, regulation and control of the parks and parkways, and...
- Section 40:37-153 - Enforcement Of Rules And Regulations; Jurisdiction
40:37-153. The rules and regulations provided for in section 40:37-152 of this Title shall be enforced in the same manner as municipal ordinances, in...
- Section 40:37-154 - Park Police; Establishment; Rules And Regulations
The commission may appoint and establish a constabulary to preserve order in the parks and parkways under its control, and to secure the enforcement...
- Section 40:37-154.1 - Vacancies In Park Police System Caused By Entry Into Armed Forces During War; Substitutes
Whenever one or more vacancies occur in the park police system established by the park commission of any county having a population of more...
- Section 40:37-155 - Powers Of Park Police.
40:37-155. The members and officers of the park police may arrest on view and without warrant, and take before a court having local criminal...
- Section 40:37-156 - Park Police; Removal; Trial; Proceedings
40:37-156. No member or officer of the police force or police department shall be removed except after trial and conviction by the park commission,...
- Section 40:37-156a - Review Of Conviction
40:37-156a. Any member or officer of any such police force or police department not operating under the provisions of subtitle three of Title 11...
- Section 40:37-157 - Park Police Pension Fund; Establishment
In all counties governed by sections 40:37-96 to 40:37-174 of this title, there may be established a park police pension or retirement fund, which...
- Section 40:37-158 - Control Of Fund; Bond Of Treasurer; Investments
The park police pension fund in each county shall be managed and controlled by the park commission of that county. The secretary of the...
- Section 40:37-159 - Source Of Pension Fund; Assessment Of Members Of Force
The commission shall monthly pay to the treasurer of the fund all moneys collected in payment of fines imposed upon members of the police...
- Section 40:37-160 - Additional Annual Payment To Fund
On January 1 each year there shall also be added to the fund such sum as the commission shall determine, on the basis of...
- Section 40:37-161 - Return Of Assessments In Certain Cases; Widow's Pension
If any member of the police force, who is a member of said fund, in good standing shall voluntarily retire therefrom and his resignation...
- Section 40:37-162 - Beneficiaries; Amount Of Pension
Each of the persons hereinafter specified shall be entitled to receive a pension for life from the fund established under section 40:37-157 of this...
- Section 40:37-163 - Persons Entitled To Pension; Permanent Disability; Amount
Every member of the county park police force or department having paid into the fund the full amount of the annual assessments or contributions...
- Section 40:37-164 - Persons Entitled To Pension; Age And Years Of Service
Every member of the county park police force or department having paid into the fund the full amount of the annual assessments or contributions...
- Section 40:37-165 - Widow's Pension
The widow of every member of the county police force or department having paid into the fund the full amount of the annual assessments...
- Section 40:37-166 - Pension Of Children
At the death of the widow unmarried, or in case such deceased member leaves no widow then at his death, his minor children who...
- Section 40:37-167 - Pension To Parents
In case such deceased member leave no widow and no children under the age of 18 years him surviving, the pension shall be paid...
- Section 40:37-168 - Pensions Paid Monthly; Rules And Regulations
The pensions hereby authorized shall be paid monthly by the treasurer. The commission in each county shall regulate the pensions and other matters hereinbefore...
- Section 40:37-168.1 - Group Insurance; Deductions From Salaries
Whenever the employees of any county park commission governed by and acting under the provisions of sections 40:37-96 to 40:37-174 of the Revised Statutes...
- Section 40:37-168.2 - Group Insurance; Payment Of Part Of Premiums By Commission
Whenever a group has been or may hereafter be established in accordance with the provisions heretofore set forth, it shall be lawful for the...
- Section 40:37-168.3 - Exclusion Of New Members From Park Police Pension Or Retirement Fund By Resolution
In any county in which a park police pension or retirement fund shall have been established, pursuant to the provisions of section 40:37-157 of...
- Section 40:37-169 - Referendum; Submission At General Election; Notice
The question of the adoption of sections 40:37-96 to 40:37-174 of this title shall be submitted to the voters of any county having the...
- Section 40:37-170 - Ballot; Form And Content
The county clerk shall print the question upon the sample and official ballots for the general election in substantially the following form: "To vote...
- Section 40:37-171 - Results Returned And Certified; Record Of
The votes cast for or against the adoption of sections 40:37-96 to 40:37-174 of this title shall be counted, returned, certified and canvassed in...
- Section 40:37-172 - Vote Required For Adoption
All ballots so cast for or against the question shall be counted and the result thereof returned by the election officers, and the acceptance...
- Section 40:37-173 - Delivery Of Copy Of Statement And Certificate To Board Of Freeholders; Appointment Of Commissioners
If the provisions of sections 40:37-96 to 40:37-174 of this Title shall have been adopted at such election the county clerk shall within 5...
- Section 40:37-174 - Election Expenses; Payment By County
All expenses incident to the election, properly certified by the county judge or if there are two or more county judges by all or...
- Section 40:37-195 - Counties Governed Hereby; Referendum; Exception
The provisions of sections 40:37-195 to 40:37-247 of this title shall apply to counties having a population of less than two hundred thousand and...
- Section 40:37-196 - Commissioners; Appointment, Number And Qualifications
In any county containing a population of less than two hundred thousand and more than one hundred seventy-five thousand inhabitants, which is governed by...
- Section 40:37-197 - Commissioners; Terms; Vacancies
Of the commissioners first appointed one shall hold office for one year, one for two years, one for three years, two for four years...
- Section 40:37-198 - Commission A Body Politic; Compensation And Expenses; Oaths
The persons so appointed when duly qualified, constituting the board of park commissioners, and their successors, shall be a body politic, with power to...
- Section 40:37-199 - Officers And Employees; Appointment And Compensation
The commission shall annually choose from among its members a president, vice president and treasurer, and appoint a clerk or secretary and such other...
- Section 40:37-200 - Office; Records; Open To Public Inspection
The commission shall have a suitable office where its maps, plans, documents, records and accounts shall be kept, open to public inspection under reasonable
- Section 40:37-201 - Rules And Regulations; Penalties For Violations
The commission may make, alter, amend and repeal rules and regulations for the protection, regulation and control of the parks and parkways and the...
- Section 40:37-201.1 - Powers Of Commission As To Use And Enjoyment Of Parks; Franchises; Use Of Proceeds From Operation
The commission may provide and operate, or arrange for the operation of, such facilities for the use and enjoyment of its parks by the...
- Section 40:37-202 - Park Police; Establishment; Rules And Regulations
The commission may appoint and establish a constabulary to preserve order in the parks and parkways under its control, and to secure the enforcement...
- Section 40:37-202.1 - Referendum To Determine Hours Or Salaries Of County Park Police
Whenever there shall be submitted to the board of chosen freeholders of any county having park police appointed pursuant to the provisions of subdivision...
- Section 40:37-203 - Powers Of Park Police.
40:37-203. The members and officers of the park police may arrest on view and without warrant, and conduct before the nearest police magistrate of...
- Section 40:37-204 - Establishment And Location Of Parks; Acquisition Of Property
The commission may acquire, maintain and make available to the public, parks and open spaces for public resort and recreation; locate such public parks...
- Section 40:37-205 - Lands For Parks; Lease With Option To Purchase
The commission may acquire by lease for a definite period, not exceeding ten years, lands for parks and open spaces for public resort and...
- Section 40:37-206 - Surveys And Maps Of Parks; Records
Before proceeding to purchase or condemn lands for a public park or place, the commission shall determine the location and quantity of land to...
- Section 40:37-207 - Condemnation For Parks; Law Applicable
Whenever the commission shall have determined to acquire any real estate or any right or interest therein for any public park or place which...
- Section 40:37-208 - Construction Of Roadways; Acquisition Of Real Estate
The commission may connect any road, park or public open space with any other park or public open space, and with any municipality in...
- Section 40:37-209 - Survey And Map Of Roadways And Boulevards; Records
Before laying out and opening any roadway, parkway or boulevard, the commission shall cause a survey to be made and a map thereof to...
- Section 40:37-210 - Commission May Establish Grades; Pavement And Improvement Of Roadways
The commission may not only lay out and open roadways, parkways and boulevards, connecting parks and open spaces as herein provided, but may also...
- Section 40:37-211 - Condemnation For Roadways; Commissioners Appointed; Benefits Assessed
Whenever the commission shall determine to open and lay out a boulevard, parkway or roadway, or make any improvement thereof which shall require the...
- Section 40:37-212 - Commissioners; Appointment; Duties; Oaths
At the time and place specified in the notice provided for in section 40:37-211 of this Title the judge shall appoint three disinterested freeholders...
- Section 40:37-213 - Hearing And Notice; View Premises; Report
The commissioners so appointed shall fix a time and place when they will hear the persons interested in the property to be taken, and...
- Section 40:37-214 - Court To Hear Objections To Report; Confirmation
Upon receipt of any such report, signed by the commissioners, or any two of them, the court shall cause such notice to be given...
- Section 40:37-215 - Rules Of Procedure
The Supreme Court may make such rules for the regulation of the practice and procedure under sections 40:37-195 to 40:37-247 of this Title as...
- Section 40:37-216 - Compensation Of Commissioners; Expenses; Inclusion In Cost Of Improvement
The court shall, upon application by the county park commissioners or on its own behalf, fix and determine the compensation to be paid the...
- Section 40:37-217 - Benefits Assessed Deducted From Damages Awarded
Whenever damages are awarded under the provisions of section 40:37-213 of this title to an owner of real estate, and benefits are assessed against...
- Section 40:37-218 - Award Collected By Suit
Any person to whom an award shall be made may, subject to the deductions for benefits assessed, sue for and collect the award after...
- Section 40:37-219 - Assessments A Lien; Collection; Action At Law
The county park commissioners may collect the assessments for benefits either by an action at law in the name of the commission against the...
- Section 40:37-220 - Assessments For Benefits; Disposition Of Funds; Payment Of Bonds
All sums of money received from assessments for benefits shall be set apart by the county park commission and devoted exclusively to the payment...
- Section 40:37-221 - Assessments A Lien Until Paid
All assessments for benefits made under sections 40:37-195 to 40:37-247 of this title shall remain liens upon the real estate benefited, from the confirmation...
- Section 40:37-222 - Sale Of Lands For Unpaid Assessments; Notice And Publication
If any assessment shall remain in arrears for more than six months after confirmation, suit may be brought for its collection with interest and...
- Section 40:37-223 - Sale For Term Of Years
At the sale, the real estate shall be publicly sold to the person who will take the same for the shortest period of time,...
- Section 40:37-224 - Adjournment Of Sale; Notice
The commission may adjourn a sale from time to time by making proclamation thereof, and may proceed therewith on the adjourned day.
- Section 40:37-225 - Certificate Of Sale; Issuance; Assignability; Recording
The commission shall make and deliver to a purchaser at such sale, who shall have made payment, a certificate of sale, signed by its...
- Section 40:37-226 - Redemption Of Property Sold
The owner of any real estate so sold, his legal representatives, or any mortgagee or judgment creditor having a legal or equitable interest therein,...
- Section 40:37-227 - Time For Redemption; Declaration Of Sale; Contents; Filing
If at the expiration of three years no such redemption as is provided for in section 40:37-226 of this title is made, the commission...
- Section 40:37-228 - Effect Of Declaration Of Sale; Liability For Waste
The declaration of sale shall be presumptive evidence in all courts and places that the sale and proceedings were regular and according to law,...
- Section 40:37-229 - Redemption By Mortgagee; Notice To Mortgagee; Rights After Redemption
No mortgagee whose mortgage shall have been recorded or registered before the sale, shall be divested of his rights in and to the real...
- Section 40:37-230 - Unsold Lands Struck Off To Board
Real estate which is not bid off and sold when offered for sale or resale, according to the provisions of sections 40:37-195 to 40:37-247...
- Section 40:37-231 - Freeholders To Borrow Money Upon Requisition Of Park Commission; Bonds; Limitation
To meet the expenses incurred under the provisions of sections 40:37-195 to 40:37-247 of this title, in addition to the money received from benefit...
- Section 40:37-232 - Additional Bond Issues
The following supplements to the act entitled "An act to establish public parks in certain counties in this state and to regulate the same,"...
- Section 40:37-233 - Appropriations; Action By Freeholders
On requisition of the park commission the board of chosen freeholders may appropriate for the park commission such sums as the board of chosen...
- Section 40:37-234 - Appropriations For Current Expenses Included In County Budget
Appropriations for current expenses of the park commission and any other expenses which the board of chosen freeholders may deem proper, shall from time...
- Section 40:37-235 - Bond Issues; Law Applicable; Deductions From Debt Statement
Appropriations for other than current expenses, including, however, all expenses of the board of park commissioners incurred prior to the establishment of a park,...
- Section 40:37-236 - Certain Expenses Replaced By Bond Issue; Limitation
In the discretion of the board of chosen freeholders, budget appropriations not exceeding one hundred thousand dollars in aggregate amount for the expenses of...
- Section 40:37-237 - Amount Collected From Benefit Assessments Applied To Payment Of Bonds
Upon the receipt of moneys collected from benefit assessments the park commissioners shall turn over the sum so collected to the officer, board or...
- Section 40:37-238 - Lands Used Only For Park Purposes; Railroads Excluded; Exceptions
Except as hereinafter in section 40:37-239 of this title provided, all real estate taken or held under the provisions of sections 40:37-195 to 40:37-247...
- Section 40:37-239 - Sale Of Real Estate In Certain Cases; Vacation Of Roadways
If the commission shall by resolution determine that any real estate, or part thereof, acquired under sections 40:37-195 to 40:37-247 of this title, is...
- Section 40:37-240 - Rules And Regulations; Notice; Penalties; Disposition Of
The commission may make rules and regulations for the government and use of the parks, open spaces, boulevards, parkways and roadways, and enforce the...
- Section 40:37-241 - Transfer Of Municipal Parks And Streets To County Park Commission
Any municipality within the county and any board in such municipality, having control of the parks or streets therein may, with the consent of...
- Section 40:37-242 - Referendum; Submission At General Election; Notice
The question of the adoption of sections 40:37-195 to 40:37-247 of this title shall be submitted to the voters of any county having the...
- Section 40:37-243 - Ballot, Form And Content
The county clerk shall cause the question to be printed upon the sample and official ballots for the general election in substantially the following...
- Section 40:37-244 - Vote Required For Adoption
All ballots so cast for or against the question shall be counted and the result thereof returned by the election officers, and the acceptance...
- Section 40:37-245 - Results Returned And Certified; Record Of
The votes cast for and against the adoption of sections 40:37-195 to 40:37-247 of this title shall be counted, returned, certified and canvassed in...
- Section 40:37-246 - Clerk To Deliver Copy To Freeholders; Appointment Of Commissioners
If the provisions of sections 40:37-195 to 40:37-247 of this title shall have been adopted at such election the county clerk shall, within five...
- Section 40:37-247 - Election Expenses; Payment By County
All expenses incident to the election, properly certified by the county judge or if there are two or more county judges by all or...
- Section 40:37-248 - Petition For Submission
When in any county there has or shall have been submitted to the voters thereof at any election, the question of the establishment of...
- Section 40:37-249 - Petition; Contents
The petition shall request the board of chosen freeholders to submit again to the voters of the county, a proposition for the establishment of...
- Section 40:37-250 - Freeholders Choose Law To Be Submitted; Notice To County Clerk
If the board of chosen freeholders shall find the petition to be in proper form and signed by the required number of legal voters...
- Section 40:37-251 - Ballot; Law Applicable
The county clerk shall cause to be printed on the sample and official ballots to be used at such general election in the manner...
- Section 40:37-252 - Maintenance; Annual Appropriation
In any county of the second class in which county lands have been or may be developed or improved for use as a public...
- Section 40:37-253 - Acquisition And Improvement Of Other Lands
In any county of the second class wherein lands have been acquired, developed or improved, the board of chosen freeholders may acquire, in fee...
- Section 40:37-254 - Purchase And Condemnation Of Contiguous Lands
The board of chosen freeholders of any such county wherein land has been acquired, improved, maintained and developed, as provided in this article, may,...
- Section 40:37-255 - Surveys And Maps
The board of chosen freeholders before proceeding to acquire by purchase or condemnation lands contiguous to any such public park or recreation ground shall...
- Section 40:37-256 - General Powers
The board of chosen freeholders of any such county wherein lands have been improved, developed and maintained as aforesaid, may: a. Take or acquire...
- Section 40:37-257 - Condemnation Procedure; Assessments For Benefits; Award Of Damages
When the board of chosen freeholders shall deem it proper and necessary to acquire lands or rights in lands for the extension or enlargement...
- Section 40:37-258 - Construction Of Casino, Stadium And Other Structures
Every such board of chosen freeholders authorized and empowered by the provisions of this article to acquire, develop, care for and maintain any public...
- Section 40:37-259 - Rules And Regulations; Penalties
Every such board of chosen freeholders may make rules and regulations for the government and supervision of all such parks and recreation grounds and...
- Section 40:37-260 - Bond Issues
To defray any expense incurred under the provisions of this article the board of chosen freeholders of any such county may, from time to...
- Section 40:37-261 - Establishment Of Park Police System; Composition; Rules And Regulations
The board of chosen freeholders of any county having control of a public park or public recreation place which is governed by the provisions...
- Section 40:37-262 - Powers Of Park Police.
2.The members and officers of the park police may arrest on view and without warrant, and conduct before the municipal court of the municipality...
- Section 40:37a-44 - Short Title
This act shall be known and may be cited as the "county improvement authorities law." L.1960, c. 183, p. 730, s. 1, eff. Jan....
- Section 40:37a-45 - Definitions.
2.As used in this act, unless a different meaning clearly appears from the context: (a)"Authority" shall mean a public body created pursuant to this...
- Section 40:37a-46 - Creation Of Authority
The governing body of a county may by ordinance or resolution, as appropriate, create a public body corporate and politic under and pursuant to...
- Section 40:37a-47 - Dissolution Of Authority
The governing body of any county which has created an authority pursuant to this act may be ordinance or resolution, as appropriate, dissolve such...
- Section 40:37a-47.1 - Legislative Determination
1. It is hereby found and declared: (a) that there are located within this State various federal installations comprising substantial tracts of land including,...
- Section 40:37a-48 - Appointment Of Members; Terms; Vacancies
a. After expiration of the period of 45 days following the first publication as provided in section 3 hereof of a notice regarding creation...
- Section 40:37a-49 - Election Of Officers; Terms; Appointment Of Agents And Employees
Every authority, upon the first appointment of its members and thereafter on or after February 1 in each year, shall annually elect from among...
- Section 40:37a-50 - Powers Vested In Members, Quorum; Minutes, Approval.
7. a. The powers of an authority shall be vested in the members thereof in office from time to time, and a majority of...
- Section 40:37a-51 - Compensation Of Members; Reimbursement For Expenses
The members of an authority shall serve without compensation, but the authority may reimburse its members for necessary expenses incurred in the discharge of...
- Section 40:37a-52 - Ex Officio Member
9. No member of the governing body of the county or any existing or potential beneficiary county shall be appointed as a member of,...
- Section 40:37a-53 - Removal Of Members Of Authority
A member of an authority may be removed by the governing body of the county for incapacity, inefficiency or neglect of duty or misconduct...
- Section 40:37a-54 - Purposes.
11. The purposes of every authority shall be (a) provision within the county or any beneficiary county of public facilities for use by the...
- Section 40:37a-55 - Body Politic And Corporate; Powers And Duties.
12.Every authority shall be a public body politic and corporate constituting a political subdivision of the State established as an instrumentality exercising public and...
- Section 40:37a-55.1 - Power Of Authority For Purposes Of Redevelopment Of Blighted, Deteriorated Or Deteriorating Areas
For purposes of the redevelopment of blighted, deteriorated or deteriorating areas, and subject to the provisions of this act, an authority may: a. Acquire...
- Section 40:37a-55.2 - Prevailing Wage Rate For Workers Employed On Projects With County Improvement Authority Involvement.
13.Each worker employed in the construction or rehabilitation of facilities undertaken in connection with loans, loan guarantees, expenditures, investments, tax exemptions or other incentives...
- Section 40:37a-55.3 - Exercise Of Rights, Powers Or Duties.
14.For the purpose of implementing the provisions of sections 13 through 15 of this act, the Commissioner of Labor and Workforce Development shall, and...
- Section 40:37a-55.4 - Prevailing Wage Rules, Regulations, Adoption By County Improvement Authority.
15.Each county improvement authority shall, in consultation with the Commissioner of Labor and Workforce Development, adopt rules and regulations, consistent with the rules and...
- Section 40:37a-55.5 - Inapplicability Of C.40:37a-55.2 Through C.40:37a-55.4.
16.The provisions of section 13 through 15 of this act shall not apply to construction and rehabilitation of facilities conducted entirely under contracts entered...
- Section 40:37a-56 - Report To Governing Body; Powers Limited
13. (1) Whenever an authority after investigation and study shall plan to undertake any public facility or facilities (other than a development project or...
- Section 40:37a-57 - Facility Charges
Every authority is hereby authorized to charge and collect tolls, rents, rates, fares, fees or other charges (in this act sometimes referred to as...
- Section 40:37a-58 - Compliance Of Facility Charges With Terms Of Lease Or Other Agreement Regarding Facility; Adjustment Of Charges
The facility charges fixed, charged and collected by an authority with respect to any public facility shall comply with the terms of any lease...
- Section 40:37a-60 - Purpose Of Issuance; Bonds Authorized; Pledge Of Contributions Or Revenue, Or Real Or Personal Property
For the purpose of (1) financing the cost of any public facility or facilities (in this act sometimes referred to as the "project" ),...
- Section 40:37a-61 - Sale Of Bonds
Bonds of an authority may be sold at public or private sale at such price or prices as the authority shall determine. L.1960, c....
- Section 40:37a-62 - Filing Copy Of Bond Resolution; Publication; Effect
19. An authority shall cause a copy of any bond resolution adopted by it to be filed for public inspection in its office and...
- Section 40:37a-63 - Covenants And Agreements With Holders Of Bonds
Any bond resolution of an authority providing for or authorizing the issuance of any bonds may contain provisions, and such authority, in order to...
- Section 40:37a-64 - Bond Provisions
(1) If the bond resolution of an authority authorizing or providing for the issuance of a series of its bonds shall provide in substance...
- Section 40:37a-65 - Receivers
If the bond resolution of an authority authorizing or providing for the issuance of a series of its bonds shall provide in substance that...
- Section 40:37a-66 - Liability On Bonds
Neither the members of an authority nor any person executing bonds issued pursuant to this act shall be liable personally on the bonds by...
- Section 40:37a-67 - Negotiability Of Bonds
Any provision of any law to the contrary notwithstanding, any bond or other obligation issued pursuant to this act shall be fully negotiable within...
- Section 40:37a-68 - Act As Complete Authority For Issuance Of Bonds
This act shall be complete authority for the issuance of bonds by an authority, and the provisions of any other law shall not apply...
- Section 40:37a-68.1 - Contract Or Agreement To Meet Deficiency In Revenues; Approval
No county improvement authority shall enter into any contract or agreement to meet any deficiency in its revenues in order to meet debt services...
- Section 40:37a-69 - Eminent Domain
26. Every authority is hereby empowered, in its own name but for the county or any beneficiary county, to acquire by purchase, gift, grant...
- Section 40:37a-70 - Declaration Of Taking; Effect
Upon the filing by an authority of a complaint in any action to fix the compensation to be paid for any property or at...
- Section 40:37a-71 - Deposit Of Estimated Compensation
Upon the filing by an authority of a declaration of taking of property as provided in this act, the authority shall deposit with the...
- Section 40:37a-72 - Right Of Entry And Use Of Land
Upon the filing by an authority of a declaration of taking of property as provided in this act and the depositing with the Clerk...
- Section 40:37a-73 - Service Of Notice; Payment
Each authority shall cause notice of the filing of a declaration of taking of property as provided in this act and of the making...
- Section 40:37a-74 - Abandonment Of Condemnation Proceedings
The authority shall not abandon any condemnation proceeding subsequent to the date upon which it has taken possession of the land or property as...
- Section 40:37a-75 - Additional Powers
In addition to the other powers conferred upon it by this act or by any other law and not in limitation thereof, every authority,...
- Section 40:37a-76 - Actions By Municipalities Or County
33. For the purpose of aiding an authority and co-operating in the planning, undertaking, acquisition, construction or operation of any public facility, the county...
- Section 40:37a-77 - Sale, Lease, Loan, Grant Or Conveyance Of, Or Permit To Use, Real Or Personal Property Of County Or Municipality
Any county by resolution of its governing body, municipality by ordinance of its governing body, governmental unit or person is hereby empowered, without any...
- Section 40:37a-78 - Lease Or Other Agreement With Authority To Use Public Facilities
Any county, municipality, governmental unit or person is hereby empowered to enter into and perform any lease or other agreement with an authority for...
- Section 40:37a-79 - Appropriations By County Or Municipality
36. For the purpose of aiding an authority and co-operating in the planning, undertaking, acquisition, construction or operation of any public facility, the county...
- Section 40:37a-80 - Guaranty Of Bonds
37. For the purpose of aiding an authority in the planning, undertaking, acquisition, construction, financing or operation of any facility which the authority is...
- Section 40:37a-81 - Pledge Or Assignment Of Lease Or Other Agreement To Secure Bonds Of Authority
Any lease or other agreement, and any instruments making or evidencing the same, may be pledged or assigned by the authority to secure its...
- Section 40:37a-82 - Exemption Of Property Of Authority From Levy And Sale
All property of an authority shall be exempt from levy and sale by virtue of an execution and no execution or other judicial process...
- Section 40:37a-83 - Payments To Municipalities Or Political Subdivisions In Lieu Of Taxes
Every authority and every municipality in which any property of the authority is located are hereby authorized and empowered to enter into agreements with...
- Section 40:37a-84 - Bonds As Legal Investments
Notwithstanding any restriction contained in any other law, the State and all public officers, municipalities, counties, political subdivisions and public bodies, and agencies thereof,...
- Section 40:37a-85 - Tax Exemptions
All properties of an authority are hereby declared to be public property of a political subdivision of the State and those properties, and all...
- Section 40:37a-86 - Guarantee Of Vested Rights Of Bondholders
The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds issued pursuant to a bond...
- Section 40:37a-87 - Undertakings For Deposits Of Authority
All banks, trust companies, savings banks, investment companies and other persons carrying on a banking business are hereby authorized to give to any authority...
- Section 40:37a-88 - Annual Audit
Each authority shall cause an annual audit of its accounts to be made, and for this purpose it shall employ a registered municipal accountant...
- Section 40:37a-89 - Filing Of Copy Of Bond Resolution
Each authority shall file a certified copy of each bond resolution adopted by it in the office of the Division of Local Government in...
- Section 40:37a-90 - Construction Of Act
47. This act shall be construed liberally to effectuate the legislative intent and as complete and independent authority for the performance of each and...
- Section 40:37a-91 - Severability
If any section, subsection, clause or provision of this act shall be adjudged unconstitutional or to be ineffective in whole or in part, to...
- Section 40:37a-92 - Public Transportation Facility; Employees; Self-organization
Employees of a public transportation facility operated by any county improvement authority shall have the right to self-organization, to form, join or assist labor...
- Section 40:37a-93 - Representation Of Majority Of Employees; Election
If there is a question whether a labor organization represents a majority of employees in the appropriate unit such question shall be submitted by...
- Section 40:37a-94 - Acquisition Of Privately-owned Transportation System; Transfer Of Employees
Whenever a county improvement authority shall acquire an existing privately-owned transportation system pursuant to authorization by the board of chosen freeholders, such acquisition may...
- Section 40:37a-95 - Protective Conditions And Benefits For Employees
No county improvement authority authorized to operate a public transportation facility shall acquire any existing transportation system or part thereof whether by purchase, lease,...
- Section 40:37a-96 - Labor Disputes; Arbitration
In the case of any labor dispute between a county improvement authority operating a public transportation facility and its employees where collective bargaining does...
- Section 40:37a-97 - Authority And Power
County improvement authorities operating a public transportation facility shall have the following authority and power: (1) To execute a collective bargaining agreement requiring, as...
- Section 40:37a-98 - Authorization To Engage In Public Transportation Within And Beyond County Limits
13. Any county improvement authority may engage in the business of operation of public transportation facilities for the transportation of passengers and property on...
- Section 40:37a-99 - Authority Deemed A Public Utility; Powers And Operations
A county improvement authority engaged in the operation of a public transportation facility shall be deemed to be a public utility and its powers...
- Section 40:37a-100 - Solid Waste Disposal Systems; Applicability Of Solid Waste Management Act
Any solid waste disposal system operated by a county improvement authority shall be subject to the provisions of the "Solid Waste Management Act (1970)"...
- Section 40:37a-101 - Selection Of Site Location For Disposal System
4. Whenever any county improvement authority chooses to exercise the powers granted by P.L.1973, c.330 (C.40:37A-100 et al.) with respect to the selection of...
- Section 40:37a-102 - Responsibility For Selection Of Final Site; Approval Required
5. Subject to an enabling resolution adopted by the governing body of the county which has created such an authority or by the governing...
- Section 40:37a-103 - Classification Of Solid Waste Facility As Public Utility
6. Any solid waste facilities owned or operated by a county improvement authority pursuant to the provisions of this amendatory and supplementary act, shall...
- Section 40:37a-104 - Municipalities; Use Of Facilities
All facilities of a solid waste disposal system operated by a county improvement authority shall be open to use by any municipality or municipalities...
- Section 40:37a-105 - Exclusion Of Alternate Method Of Solid Waste Disposal By Municipality With Contract With County
Upon contracting with a county improvement authority for the collection, treatment or disposal of garbage or solid waste as herein provided, no municipality shall,...
- Section 40:37a-106 - Legislative Findings And Declarations
The Legislature finds and declares that: a. The supply of decent and affordable housing, particularly for families of low and moderate income has become...
- Section 40:37a-107 - Definitions
2. As used in this act: a. "Authority" means any public body created pursuant to the "county improvement authorities law," P.L.1960, c.183 (C.40:37A-44 et...
- Section 40:37a-108 - Powers Of Authority
3. a. The authority, for the purpose of carrying out the purposes of this act, may: (1) Accept from qualified housing sponsors applications for...
- Section 40:37a-109 - Application For Loan; Forms; Contents
Every application for a loan to a qualified housing sponsor shall be made on forms furnished by the authority and shall contain such information...
- Section 40:37a-110 - Priority In Grant Of Loans; Considerations
In considering any application for a loan, the authority shall give first priority to applications for loans for the construction or rehabilitation of housing...
- Section 40:37a-111 - Terms And Conditions Of Loans
Loans made by the authority shall be subject to the following terms and conditions: a. The loan shall be for a period of time...
- Section 40:37a-112 - Additional Conditions; Powers Of Authority
As a condition of the loan, the authority shall have the power at all times during the construction and rehabilitation of a housing project...
- Section 40:37a-113 - Eligibility For Admission To Housing Projects; Periodic Examination Of Income; Removal Due To Excessive Income
a. Admission to housing projects constructed or rehabilitated under this act shall be limited to families of low and moderate income whose gross aggregate...
- Section 40:37a-114 - Priorities In Eligibility For Admission
The authority shall establish rules and regulations concerning admissions to any housing project financed in whole or in part by loans authorized hereunder which...
- Section 40:37a-115 - Actions Or Proceedings; Standing Of Authority; Jurisdiction And Venue; Receiver; Reorganizations
The authority may institute any action or proceeding against any qualified housing sponsor receiving a loan under the provisions of this act, or owning...
- Section 40:37a-116 - Foreclosure Action; Parties; Powers Of Court; Sales
In any foreclosure action involving a qualified housing sponsor, other than a foreclosure action instituted by the authority, the authority and the municipality in...
- Section 40:37a-117 - Judgment Against Qualified Housing Sponsor Not Pertaining To Foreclosure; Written Notice To Authority
In the event of a judgment against any qualified housing sponsor in any action not pertaining to the foreclosure of a mortgage, there shall...
- Section 40:37a-118 - Bonds, Bond Anticipation Notes And Other Notes And Obligations
a. The authority shall have the power and is hereby authorized to issue, from time to time, its bonds, bond anticipation notes and other...
- Section 40:37a-119 - Resolution Authorizing Issuance; Provisions; Inclusion In Contract
Any resolution or resolutions authorizing the issuance of bonds, bond anticipation notes or other notes or obligations or any issue thereof may contain provisions,...
- Section 40:37a-120 - Pledge Of Revenues, Moneys, Funds Or Other Property; Validity; Lien; Recordation
Any pledge of revenues, moneys, funds or other property made by the authority shall be valid and binding from the time when the pledge...
- Section 40:37a-121 - Members Of Authority Or Persons Executing; Nonliability
Neither the members of the authority nor any person executing bonds, bond anticipation notes or other notes or obligations issued pursuant to this act...
- Section 40:37a-122 - Purchase; Power Of Authority
The authority shall have power to purchase bonds, bond anticipation notes or other notes or obligations of the authority out of any funds available...
- Section 40:37a-123 - Housing Finance Funds; Limitations On Issuance Of Bonds Or Other Obligations
a. The authority may create and establish one or more special funds to be known as housing finance funds and may pay into such...
- Section 40:37a-124 - Pledge And Agreement Of State Not To Impair Rights Or Remedies Of Bondholders
The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds, bond anticipation notes or other...
- Section 40:37a-125 - Bonds As Legal Investment And Authorized Security For Public Deposits
Notwithstanding any restriction contained in any other law, this State and all public officers, municipalities, counties, political subdivisions and public bodies and agencies thereof,...
- Section 40:37a-126 - Tax Exemptions; Property And Revenues Of Authority; Interest And Income Of Bonds
All property of the authority is hereby declared to be public property devoted to an essential public and governmental function and purpose and shall...
- Section 40:37a-127 - Exemption From Execution Or Other Judicial Process
All property of the authority, except as otherwise provided herein, shall be exempt from levy and sale by virtue of an execution and no...
- Section 40:37a-128 - Insurance Or Guarantee Of Loan; Agreement With Department Or Agency Of Federal Government
The authority is authorized and empowered to obtain, or aid in obtaining, from any department or agency of the United States any insurance or...
- Section 40:37a-129 - Insurance Or Guarantee Of Bonds Or Other Obligations; Agreement With Department Or Agency Of Federal Government
Authority is authorized and empowered to obtain from any department or agency of the United States any insurance or guarantee as to, or of...
- Section 40:37a-130 - Annual Report; Audit; Contents
25. On or before the last day of February in each year the authority shall make an annual report for the preceding calendar year...
- Section 40:37a-131 - Powers Of Authority
In order to carry out the purposes and provisions of this act, the authority in addition to any powers granted to it elsewhere in...
- Section 40:37a-131.1 - Payment In Lieu Of Taxes Not To Exceed 20% Of Annual Gross Revenue; Determination Of Assumed Assessed Value
19. a. For the purposes of the "county improvement authorities law," P.L.1960, c.183 (C.40:37A-44 et seq.), where by reason of the provisions of any...
- Section 40:37a-132 - Services To Authority By Units Of State And County Governments
All officers, departments, boards, agencies, divisions and commissions of the State and county are hereby authorized and empowered to render any and all of...
- Section 40:37a-133 - Discrimination; Prohibition; Violations; Penalty
No person shall be discriminated against, because of race, religious principles, color, national origin or ancestry, by the authority or any qualified housing sponsor...
- Section 40:37a-134 - Broad Construction Of Powers
The powers enumerated in this act shall be interpreted broadly to effectuate the purposes thereof and shall not be construed as a limitation of...
- Section 40:37a-135 - Severability
If any clause, sentence, subdivision, paragraph, section or part of this act be adjudged to be unconstitutional or invalid, such judgment shall not affect,...
- Section 40:37b-1 - Short Title
This act shall be known and may be cited as the "First Class County Recreation Authority Law." L.1967, c. 136, s. 1, eff. June...
- Section 40:37b-2 - Definitions
The following terms whenever used or referred to in this act shall have the following respective meanings unless a different meaning clearly appears from...
- Section 40:37b-3 - Creation Of Authority; Membership; Filing And Publication Of Resolution
The governing body of a county may by resolution create a public body corporate and politic under and pursuant to this act, under the...
- Section 40:37b-4 - Dissolution Of Authority; Grounds; Filing Of Resolution
The governing body of any county which has created an authority pursuant to this act may by resolution dissolve such authority if either (a)...
- Section 40:37b-5 - Appointment Of Members; Terms; Filling Of Vacancies
After expiration of the period of 45 days following the first publication as provided in section 3 hereof of a notice regarding creation of...
- Section 40:37b-6 - Election Of Chairman And Vice-chairman; Appointment Of Other Officers, Agents And Employees
Every authority, upon the first appointment of its members and thereafter on or after February 1 in each year, shall annually elect from among...
- Section 40:37b-7 - Vesting Of Powers; Quorum
The powers of the authority shall be vested in the members thereof in office from time to time and a majority of the entire...
- Section 40:37b-8 - Compensation And Expenses
An authority may reimburse its members for necessary expenses incurred in the discharge of their duties. The resolution for the creation of an authority...
- Section 40:37b-9 - Unlawful Interest In Contracts
No member, officer or employee of an authority shall have or acquire any interest, direct or indirect, in a public facility of the authority...
- Section 40:37b-10 - Purpose Of Authority
The purpose of every county recreation authority shall be the improvement, establishment and development of recreational facilities within the county by or through the...
- Section 40:37b-11 - Creation Of Other Authority For Same Or Similar Purposes Prohibited
No governing body which may create an authority pursuant to this act for any of the purposes hereinbefore set out shall thereafter create any...
- Section 40:37b-12 - Body Politic And Corporate; Powers And Duties
Every authority shall be a public body politic and corporate constituting a political subdivision of the State established as an instrumentality exercising public and...
- Section 40:37b-13 - Facility Charges
Every authority is hereby authorized to charge and collect facility charges. Such facility charges may be charged to and collected from any governmental unit...
- Section 40:37b-14 - Compliance Of Facility Charges With Terms Of Lease Or Other Agreement; Adjustment Of Charges
The facility charges fixed, charged and collected by an authority with respect to any public facility shall comply with the terms of any lease...
- Section 40:37b-15 - Issuance Of Bonds And Notes; Contents Of Bond Resolution
For the purpose of raising funds to pay the cost of any public facility or facilities or for the purpose of funding or refunding...
- Section 40:37b-16 - Purpose Of Issuance; Series Bonds; Maturity; Interest; Denominations; Execution; Redemption; Types Of Bonds
Upon adoption of a bond resolution, an authority shall have power to issue its bonds or notes for the purpose of financing the project...
- Section 40:37b-17 - Act As Sole Authority For Issuance Of Bonds; Inapplicability Of Other Laws
This act shall be complete authority for the issuance of bonds by an authority, and the provisions of any other law shall not apply...
- Section 40:37b-18 - Sale Of Bonds And Notes
Bonds and notes of an authority may be sold, as hereinafter provided, at public or private sale at such price or prices as the...
- Section 40:37b-19 - Bond Anticipation Notes; Sale; Report
All bond anticipation notes may be sold at private sale pursuant to resolution of the authority, or by its treasurer expressly designated by resolution...
- Section 40:37b-20 - Public Sale Of Bonds Upon Sealed Proposals; Exceptions; Deposit; Confirmation Of Private Sale
All bonds shall be sold at public sale upon sealed proposals, except that bonds may be sold at private sale: (a) Without any previous...
- Section 40:37b-21 - Notice Of Public Bond Sale; Contents; Publication
A public sale of bonds shall be advertised at least once at least 7 days prior thereto in a newspaper qualified for publication of...
- Section 40:37b-22 - Terms And Conditions Of Sale
(a) All bidders shall be required to deposit a certified or cashier's or treasurer's check, drawn upon a bank or trust company, equal to...
- Section 40:37b-23 - Sale Of Bonds By Treasurer; Report
The authority, by resolution, may designate its treasurer to sell and award bonds in accordance with the advertised terms of public sale. The treasurer...
- Section 40:37b-24 - Unlawful Acts In Issuance Or Sale Of Obligations
In the issuance or sale of obligations, it shall be unlawful for the authority or any member thereof or any official: (a) to pay...
- Section 40:37b-25 - Failing Copy Of Bond Resolution; Publication Of Notice
An authority shall cause a copy of any bond resolution adopted by it to be filed for public inspection in its office and in...
- Section 40:37b-26 - Covenants With Bondholders
Any bond resolution of an authority providing for or authorizing the issuance of any bonds may contain provisions, and such authority, in order to...
- Section 40:37b-27 - Default By Authority; Appointment Of Trustee; Powers And Duties
(a) If the bond resolution of an authority authorizing or providing for the issuance of a series of its bonds shall provide in substance...
- Section 40:37b-28 - Appointment Of Receiver
If the bond resolution of an authority authorizing or providing for the issuance of a series of its bonds shall provide in substance that...
- Section 40:37b-29 - Negotiability Of Bonds Or Other Obligations
Any provision of law to the contrary notwithstanding any bond or other obligation issued pursuant to this act shall be fully negotiable within the...
- Section 40:37b-30 - Liability On Bonds
Neither the members of the authority nor any person executing bonds issued pursuant to this act shall be liable personally on the bonds by...
- Section 40:37b-31 - Acquisition Of Property; Eminent Domain
Every authority is hereby empowered, in its own name but for the county to acquire by purchase, gift, grant or devise and to take...
- Section 40:37b-32 - Additional Powers
In addition to the other powers conferred upon it by this act or by any other law and not in limitation thereof, every authority,...
- Section 40:37b-33 - Aid And Co-operation Of Counties Or Municipalities; Powers
For the purpose of aiding an authority and co-operating in the planning, undertaking, acquisition, construction or operation of any public facility, the county or...
- Section 40:37b-34 - Sale, Lease, Loan, Grant Or Conveyance Of, Or Permit To Use, Real Or Personal Property Of County Or Municipality
Any county by resolution of its governing body, municipality by ordinance of its governing body, governmental unit or person is hereby empowered, without any...
- Section 40:37b-35 - Appropriation Of Money By Counties Or Municipalities; Loans Or Donations To Authority
For the purpose of aiding an authority and co-operating in the planning, undertaking, acquisition, construction or operation of any public facility, the county by...
- Section 40:37b-36 - Lease By County Or Municipality For Use Of Public Facilities
Any county, municipality, governmental unit or person is hereby empowered to enter into and perform any lease or other agreement with an authority for...
- Section 40:37b-37 - Mortgage, Pledge, Encumbrance Or Other Disposal Of Public Facilities
Except as otherwise expressly hereinabove provided with respect to the right of the authority to grant by franchise, lease or otherwise the use of...
- Section 40:37b-38 - Exemption Of Property Of Authority From Levy And Sale
All property of an authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process...
- Section 40:37b-39 - Annual Payments To Municipalities In Lieu Of Taxes
Every authority and every municipality in which any property of the authority is located are hereby authorized and empowered to enter into agreements with...
- Section 40:37b-40 - Bonds As Legal Investments
Notwithstanding any restriction contained in any other law, the State and all public officers, municipalities, counties, political subdivisions and public bodies, and agencies thereof,...
- Section 40:37b-41 - Tax Exemption
All public facilities and all other properties of an authority are hereby declared to be public property of a political subdivision of the State...
- Section 40:37b-42 - Guarantee Of Vested Rights Of Bondholders
The State of New Jersey does hereby pledge and covenant and agree with the holders of any bonds issued pursuant to a bond resolution...
- Section 40:37b-43 - Undertaking For Deposits Of Authority
All banks, bankers, trust companies, saving banks, investment companies and other persons carrying on a banking business are hereby authorized to give to any...
- Section 40:37b-44 - Annual Audit
Each authority shall cause an annual audit of its accounts to be made and for this purpose it shall employ a registered municipal accountant...
- Section 40:37b-45 - Filing Of Copy Of Bond Resolution
Each authority shall file a certified copy of each bond resolution adopted by it in the office of the Division of Local Government in...
- Section 40:37b-46 - Construction Of Act
This act shall be construed liberally to effectuate the legislative intent and as complete and independent authority for the performance of each and every...
- Section 40:37b-47 - Severability
If any section, subsection, clause or provision of this act shall be adjudged unconstitutional or to be ineffective in whole or in part, to...
- Section 40:37c-1 - Short Title
This act shall be known and may be cited as the "New Jersey Pollution Control Financing Law." L.1973, c. 376, s. 1, eff. Jan....
- Section 40:37c-2 - Legislative Findings And Declaration
The Legislature hereby finds and declares that there is an urgent need to protect and enhance the quality of the natural environment; that to...
- Section 40:37c-3 - Definitions
In this act, unless the context otherwise clearly requires, the terms used herein shall have the meanings ascribed to them as follows: "Act" means...
- Section 40:37c-4 - Industrial Pollution Control Financing Authority; Purposes; Creation By Counties; Approval; Dissolution; Filing Of Resolutions; Members; Organization
a. Any county may create an authority under the provisions of this act which shall be a public body corporate and politic and a...
- Section 40:37c-5 - Powers
The authority shall have the following powers together with all powers incidental thereto or necessary for the performance thereof: a. To have perpetual succession...
- Section 40:37c-6 - Sale Or Lease Of Facilities; Minimum Amount Of Payments Or Rentals
Any sale or lease of pollution control facilities entered into pursuant to the provisions of this act shall provide for payments or rentals adequate...
- Section 40:37c-7 - Inapplicability Of Chapters 32 To 36 Of Title 52
No authority shall be subject to the provisions of chapters 32 to 36, inclusive, of Title 52 of the Revised Statutes in the exercise...
- Section 40:37c-8 - Bonds; Issuance; Redemption; Terms; Sale; Refunding Bonds
All bonds issued by an authority may be issued as serial bonds or as term bonds or a combination of both types. Such bonds...
- Section 40:37c-9 - Security For Principal, Interest And Premiums
The principal of and interest and premiums, if any, on any bonds issued by an authority shall be secured by a mortgage or pledge...
- Section 40:37c-10 - Nonliability Of State, Political Subdivision Thereof, County Or Municipality; Guarantee Of Rights And Remedies Of Bondholders
Bonds issued under the provisions of this act shall not be deemed to constitute a debt or liability of the State or of any...
- Section 40:37c-11 - Certification Of Facilities; Condition Precedent To Adoption Of Resolution For Authorization For Bonds
Before any authority adopts a resolution authorizing the issuance of bonds and as a condition precedent to any such authority to issue bonds, the...
- Section 40:37c-12 - Tax Exemptions
All bonds issued pursuant to the act are hereby declared to be issued for an essential public and governmental purpose and such bonds, and...
- Section 40:37c-13 - Disposition Of Facilities After Payment And Retirement Of Bonds
When the principal of and interest on bonds issued by an authority to finance the cost of a particular pollution control facility, including any...
- Section 40:37c-14 - Independence Of Authority
Except as herein provided, no proceedings, referendum, notice or approval shall be required for the creation of an authority or the issuance of any...
- Section 40:37c-15 - Legal Investments; Security For Public Deposits
The State and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and...
- Section 40:37c-16 - Powers Conferred By Act As Additional And Supplementary
The powers conferred by this act shall be in addition and supplementary to those in other laws and the limitations by this act shall...
- Section 40:37c-17 - Severability
The provisions of this act shall be severable, and if any of the provisions hereunder shall be held to be unconstitutional or otherwise invalid,...
- Section 40:37c-18 - Annual Audit Of Accounts; Filing
It shall be the duty of every authority created pursuant to this act to cause an annual audit of the accounts of the authority...
- Section 40:37d-1 - Short Title
1. This act shall be known and may be cited as the "County Food Distribution Authorities Law." L.1994,c.98,s.1.
- Section 40:37d-2 - Findings, Declarations
2. The Legislature finds and declares that: a. There is a need to establish, construct and develop regional food processing and distribution centers in...
- Section 40:37d-3 - Definitions
3. As used in this act: "Authority" means a county food distribution authority created pursuant to section 4 of this act. "Bonds" means bonds...
- Section 40:37d-4 - Creation Of County Food Distribution Authority
4. a. Upon approval by the Local Finance Board, pursuant to sections 4 and 5 of P.L.1983, c.313 (C.40A:5A-4; C.40A:5A-5) the governing body of...
- Section 40:37d-5 - Powers Of Authority, General
5. Except as otherwise limited by this act and the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.), the authority shall have...
- Section 40:37d-6 - County Food Processing And Distribution Center
6. a. An authority created pursuant to section 4 of this act is authorized to acquire by purchase, establish, develop, construct, operate, maintain, repair,...
- Section 40:37d-7 - Powers Of Authority Relative To Highways And Lands
7. a. If the authority shall find it necessary in connection with the undertaking of the center to change the location of any portion...
- Section 40:37d-8 - Exercise Of Power Of Eminent Domain
8. a. Upon the exercise of the power of eminent domain, the compensation to be paid thereunder shall be ascertained and paid in the...
- Section 40:37d-9 - Issuance Of Bonds, Notes
9. a. The authority is authorized from time to time to issue its bonds or notes in principal amounts which in the opinion of...
- Section 40:37d-10 - Additional Powers Of Authority Relative To Bond Covenants
10. In any resolution of the authority authorizing or relating to the issuance of any bonds or notes, the authority, in order to secure...
- Section 40:37d-11 - Pledges By Authority Immediately Valid, Binding
11. Any pledge of revenues, moneys, funds or other property made by the authority shall be valid and binding from the time when the...
- Section 40:37d-12 - Establishment Of Additional Reserves, Funds, Accounts
12. a. The authority may establish reserves, funds or accounts, in addition to those required pursuant to subsection b. of section 6 of this...
- Section 40:37d-13 - Pledge Of State
13. a. The State pledges to and covenants and agrees with the holders of any bonds or notes issued pursuant to this act that...
- Section 40:37d-14 - Investment Of Funds, Moneys In Authority Bonds
14. The State and all public officers, governmental units and agencies thereof, all banks, trust companies, savings banks and institutions, building and loan associations,...
- Section 40:37d-15 - Conveyance Of Governmental Real Property To Authority
15. All counties and municipalities and other governmental subdivisions, authorities, and public departments, agencies and commissions of the State, notwithstanding any contrary provision of...
- Section 40:37d-16 - Tax Treatment Of Authority Facilities, Property, Bonds
16. a. All facilities and other property of the authority are declared to be public property devoted to an essential public and governmental function...
- Section 40:37d-17 - Annual Report To Local Finance Board
17. The authority shall make an annual report of its activities for its preceding fiscal year to the Local Finance Board, pursuant to the...
- Section 40:38-6.17 - Repealer
The following acts and statutes, together with all amendments thereof and supplements thereto, are repealed: Section 40:38-5 of the Revised Statutes; Section 40:38-6 of...
- Section 40:38-28.1 - Cost Of Living Bonus Or Longevity Program; Participation
In any county of the second class having a population in excess of 500,000 inhabitants, the limitations imposed pursuant to section 40:38-28 of the...
- Section 40:40-28.9 - Repeal
"An act concerning coroners in counties having no medical examiner or county physician, and supplementing chapter forty of Title 40 of the Revised Statutes,"...
- Section 40:41a-1 - Submission Of Charter Study Question
Whenever authorized by resolution of the board of freeholders or on petition of the registered voters of any county, an election shall be held...
- Section 40:41a-2 - Election Of Charter Study Commission
At the same election as the public question is submitted, seven members of an 11-member charter study commission shall be elected by the county's...
- Section 40:41a-3 - Nominating Petitions
Candidates for the charter study commission shall be persons who were registered voters of the county as of the date of the most recent...
- Section 40:41a-4 - Canvass Of Returns
The results of the votes cast for and against the charter study question shall be returned by election officers, and a canvass of such...
- Section 40:41a-5 - Organization Meeting Of Commission
The county clerk shall convene the first meeting of the charter study commission as soon as possible and in any event no later than...
- Section 40:41a-6 - Vacancies
Any vacancy occurring in any of the offices held by the seven elected members to the charter commission shall be filled by the unsuccessful...
- Section 40:41a-7 - Duties Of Commission
It shall be the function and duty of the charter study commission to study the form of government of the county, to compare it...
- Section 40:41a-8 - Advisors To The Charter Study Commission
In any county in which a charter study commission has been established under this act, there shall also be established an advisory body to...
- Section 40:41a-9 - State Participation In Charter Studies
The Commissioner of the New Jersey Department of Community Affairs or his designee shall serve ex officio as a nonvoting advisor to all charter...
- Section 40:41a-10 - Expenses And Compensation Of The Commission
Members of the charter study commission shall serve without compensation but shall be reimbursed by the county for their necessary expenses incurred in the...
- Section 40:41a-11 - Dissemination Of Information
The charter study commission shall hold public hearings, may hold private hearings, sponsor public forums and otherwise provide for the widest possible dissemination of...
- Section 40:41a-12 - Report And Publication Of Findings
The charter study commission shall report its findings and recommendations to the citizens of the county on or before the end of the ninth...
- Section 40:41a-13 - Recommendations
The charter study commission may report and recommend: a. That a referendum be held to submit to the voters of the county the question...
- Section 40:41a-14 - Additional Recommendations
If the charter study commission shall vote to recommend adoption of one of the optional forms set forth in articles 3 to 6, inclusive,...
- Section 40:41a-15 - Date Of Charter Referendum
If the charter study commission shall have recommended the adoption of one of the optional forms of government authorized by articles 3 to 6...
- Section 40:41a-16 - Form Of The Referendum Question
If the charter study commission shall have recommended that the voters approve one of the optional forms contained in this act, the following question,...
- Section 40:41a-17 - Petition For Special Charter
If the charter study commission shall have proposed a special charter, it shall be the duty of the board of freeholders to petition the...
- Section 40:41a-18 - Discharge Of Commission
If the commission shall recommend that no change in the form of the county's government be made, the commission shall be discharged as of...
- Section 40:41a-19 - Adoption Of Optional Plan
The registered voters of any county may, without a charter study commission, adopt any of the optional plans provided in articles 3 through 6...
- Section 40:41a-20 - Petition; Contents; Filing; Election; Ballot
Upon the filing with the county clerk of such petition of the registered voters of any county, an election shall be held in the...
- Section 40:41a-21 - Election; Time; Ballot
The county clerk shall cause the question to be submitted at the general election occurring not less than 60 days next following the filing...
- Section 40:41a-22 - Moratorium On Other Petitions
When a petition for a referendum pursuant to section 19 shall have been duly filed with the county clerk, no other such petition, and...
- Section 40:41a-23 - After Adoption Or Rejection, No Vote On Change For 3 Years
Whenever the question of whether to adopt one of the optional forms of government provided in articles 3, 4, 5 or 6 of this...
- Section 40:41a-24 - Incorporation
The inhabitants of any county shall within the boundaries of that county be and remain a body corporate and politic, with perpetual succession. L.1972,...
- Section 40:41a-25 - Government Of County After Adoption Of Optional Plan
Upon adoption by the registered voters of any county of any of the optional forms of government set forth in this act, the county...
- Section 40:41a-26 - General Law
For the purposes of this act, a "general law" shall be deemed to be such law or part thereof, heretofore or hereafter enacted, that:...
- Section 40:41a-27 - County Powers Generally
Any county that has adopted a charter pursuant to this act may, subject to the provisions of such charter, general law and the State...
- Section 40:41a-28 - Municipal Powers
Nothing in this act shall be construed to impair or diminish or infringe on the powers and duties of municipalities under the general law...
- Section 40:41a-29 - Municipal Or Regional Advisory Councils
The board of freeholders shall by resolution establish a municipal advisory council consisting of the mayors of all municipalities in the county and in...
- Section 40:41a-30 - Grant Of Powers To County
30. The grant of powers under this act is intended to be as broad as is consistent with the Constitution of New Jersey and...
- Section 40:41a-31 - Form; Designation
The form of government provided in this article shall be known as the "county executive plan," and shall, together with articles 2 and 7...
- Section 40:41a-32 - Elected Officers; Governing Body Defined; Exercise Of Administrative Or Executive Functions By County Executive
a. Each county operating under this article shall be governed by an elected board of freeholders and an elected county executive and by such...
- Section 40:41a-33 - Qualifications, Election, Term
The county executive shall be a qualified voter of the county residing in the county. He shall be elected from the county at large...
- Section 40:41a-34 - Salary
The salary of the county executive shall be fixed by ordinance of the board of freeholders; such salary shall be reasonable and commensurate with...
- Section 40:41a-35 - County Executive, Filling Of Vacancy In Office; Procedure.
35. The office of county executive shall be deemed vacant if the incumbent moves his residence from the county or he is by death,...
- Section 40:41a-35.1 - Filling Of Vacancy, Interim Selection Pending Election Of Successor.
2.In the case of a vacancy occurring with respect to a county executive who was elected as the candidate of a political party which...
- Section 40:41a-36 - Duties
The executive power of the county shall be exercised by the county executive. He shall: a. Report annually to the board of freeholders and...
- Section 40:41a-37 - Powers Of County Executive
37. The county executive: a. Shall supervise, direct and control all county administrative departments; b. With the advice and consent of the board, shall...
- Section 40:41a-38 - Legislative Power; Exercise By Ordinance; Exceptions; Exercise By Resolution
The legislative power of the county shall be vested in the board of chosen freeholders. Such legislative power shall be exercised by ordinance, except...
- Section 40:41a-39 - Chairman And Vice-chairman; Selection
At its organizational meeting each January the board shall select one of its members to serve as chairman and one as vice-chairman for the...
- Section 40:41a-40 - County Executive At Meetings
The county executive may be present and participate in discussions at all board meetings. L.1972, c. 154, s. 40, eff. Sept. 19, 1972.
- Section 40:41a-41 - Board Powers
The board of freeholders: a. Shall advise and consent to all appointment by the executive for which board confirmation is specified under this article;...
- Section 40:41a-42 - Appointment
The county executive shall appoint an administrator who shall serve at his pleasure. The board shall advise and consent to his nomination but shall...
- Section 40:41a-43 - Qualifications
The administrator shall by education, experience and ability be qualified to perform the duties established for him. He need not be a resident of...
- Section 40:41a-44 - Duties
The administrator shall be responsible only to the executive. He shall, under the direction and supervision of the executive, undertake to assist in the...
- Section 40:41a-45 - Form; Designation
The form of government provided in this article shall be known as the "county manager plan," and shall, together with articles 2 and 7...
- Section 40:41a-46 - Officers
Each county operating under this article shall be governed by an elected board of freeholders and an appointed county manager and by such other...
- Section 40:41a-47 - Qualifications, Appointment, Term
The county manager shall be qualified by either administrative or executive experience and ability to serve as the chief administrator of the county. The...
- Section 40:41a-48 - Salary
The salary of the county manager shall be fixed by the board of freeholders; such salary shall be reasonable and commensurate with the fact...
- Section 40:41a-49 - Vacancies
The office of county manager shall be deemed vacant if: the incumbent moves his residence from the county without board permission; or he is...
- Section 40:41a-50 - Duties
The executive power of county shall be exercised by the county manager. The county manager shall: a. Report annually to the board of freeholders...
- Section 40:41a-51 - Powers
The county manager: a. Shall supervise, direct and control all county administrative departments; b. Shall appoint the deputy manager, if that position is created...
- Section 40:41a-52 - Legislative Power; Exercise By Ordinance; Exceptions; Exercise By Resolution
The legislative power of the county shall be vested in the board of chosen freeholders. Such legislative power shall be exercised by ordinance, except...
- Section 40:41a-53 - Chairman And Vice-chairman; Election; Duties
At its organizational meeting each January the board shall select one of its members to serve as chairman and one to serve as vice-chairman...
- Section 40:41a-54 - County Manager; Rights At Meetings
The county manager may be present at all board meetings and participate in all deliberations, without the right to vote. L.1972, c. 154, s....
- Section 40:41a-55 - Board Powers
The board of freeholders: a. Shall appoint a county manager under the provisions of section 47 of this article and may create the office...
- Section 40:41a-56 - Appointment
Subject to creation of such position the county manager may appoint a deputy manager who shall serve at his pleasure; the board may not...
- Section 40:41a-57 - Qualifications
The deputy manager shall by education, experience and ability be qualified to perform the duties established for him. He need not be a resident...
- Section 40:41a-58 - Duties
The deputy manager shall be responsible only to the manager. He shall, under the direction and supervision of the manager, undertake to assist in...
- Section 40:41a-59 - Form; Designation
The form of government provided in this article shall be known as the "county supervisor plan," and shall, together with articles 2 and 7...
- Section 40:41a-60 - Elected Officers; Governing Body; Definition; Exercise Of Administrative Or Executive Functions By County Supervisor
a. Each county operating under this article shall be governed by an elected board of freeholders and an elected county supervisor and by such...
- Section 40:41a-61 - Qualifications, Election, Term
The county supervisor shall be a qualified voter of the county residing in the county. He shall be elected from the county at large...
- Section 40:41a-62 - Salary
The salary of the county supervisor shall be fixed by ordinance of the board of freeholders; such salary shall be reasonable and commensurate with...
- Section 40:41a-63 - Vacancies
The office of county supervisor shall be deemed vacant if the incumbent moves his residence from the county or he is by death, physical...
- Section 40:41a-64 - Duties
The executive power of the county shall be exercised by the county supervisor. The county supervisor shall: a. Report annually to the board of...
- Section 40:41a-65 - Powers
The county supervisor shall: a. Insure adequate supervision, direction and control of all county administrative departments, and care and maintenance of all county properties,...
- Section 40:41a-66 - Legislative Power; Exercise By Ordinance; Exceptions; Exercise By Resolution
The legislative power of the county shall be vested in the board of chosen freeholders. Such legislative power shall be exercised by ordinance, except...
- Section 40:41a-67 - Board Powers
The board of freeholders: a. Shall pass in accordance with this act whatever ordinances and resolutions it deems necessary and proper for the good...
- Section 40:41a-68 - Appointment
The administrative officer shall serve at the pleasure of the board. L.1972, c. 154, s. 68, eff. Sept. 19, 1972. Amended by L.1975, c....
- Section 40:41a-69 - Qualifications
The administrative officer shall by education, experience and ability, be qualified to perform the duties established for him. He need not be a resident...
- Section 40:41a-70 - Duties
The administrative officer shall be responsible to the board through the supervisor except as specified below. He shall be responsible for the efficient administration...
- Section 40:41a-71 - Powers
The administrative officer shall: a. Supervise, direct and control all county administrative departments; b. Appoint the heads of all county departments and, if so...
- Section 40:41a-72 - Form; Designation
The form of government provided in this article shall be known as the "board president plan," and shall, together with articles 2 and 7...
- Section 40:41a-73 - Elected Officers
Each county operating under this article shall be governed by an elected board of freeholders and a freeholder board president and by such other...
- Section 40:41a-74 - Qualifications, Election, Term
The board president shall be a duly elected member of the board of freeholders. He shall be elected by the board of freeholders at...
- Section 40:41a-75 - Salary
The salary of the board president shall be fixed by ordinance of the board of freeholders; such salary shall be reasonable and commensurate with...
- Section 40:41a-76 - Vacancies
The office of board president shall be deemed vacant if: the incumbent moves his residence from the county; or he is by death, physical...
- Section 40:41a-77 - Duties
The executive power of the county shall be exercised by the board president. He shall: a. Report annually to the board of freeholders and...
- Section 40:41a-78 - Powers
The board president shall: a. Insure adequate supervision, direction and control of all county administrative departments, and care and maintenance of all county properties,...
- Section 40:41a-79 - Legislative Power; Exercise By Ordinance; Exceptions; Exercise By Resolution
The legislative power of the county shall be vested in the board of chosen freeholders. Such legislative power shall be exercised by ordinance, except...
- Section 40:41a-80 - President And Vice-president; Election
The board shall elect a president as specified in this article. At its organizational meeting each January the board shall select one of its...
- Section 40:41a-81 - Board Powers
The board of freeholders: a. Shall pass in accordance with this act whatever ordinances or resolutions it deems necessary and proper for the good...
- Section 40:41a-82 - Appointment
The administrative officer shall serve at the pleasure of the board. L.1972, c. 154, s. 82, eff. Sept. 19, 1972. Amended by L.1975, c....
- Section 40:41a-83 - Qualification
The administrative officer shall by education, experience and ability, be qualified to perform the duties established for him. He need not be a resident...
- Section 40:41a-84 - Duties
The administrative officer shall be responsible to the board through the president except as specified below. He shall be responsible for the efficient administration...
- Section 40:41a-85 - Powers
The administrative officer shall: a. Supervise, direct and control all county administrative departments; b. Appoint the heads of all county departments and, if so...
- Section 40:41a-86 - Separation Of Powers
In any county that shall have adopted a charter under this act, the board of chosen freeholders shall deal with county employees only through...
- Section 40:41a-87 - Appointments And Dismissal; Suspension Procedure
a. No member of any board of chosen freeholders in a county operating under a charter adopted pursuant to this act shall individually or...
- Section 40:41a-88 - Elective Officers; Removal By Recall Petition And Vote
Any elective officer shall be subject to removal from office for cause connected with his office, after he has served at least 1 year,...
- Section 40:41a-89 - Recall Petition
A recall petition shall demand the removal of a designated incumbent, shall be signed by registered voters equal in number to not less than...
- Section 40:41a-90 - Signatures To Recall Petition
Each signer of a recall petition shall add to his signature his place of residence giving the street and number or other significant designation...
- Section 40:41a-91 - Notice To Officer; Recall Election; Notice Of Filing Of Petition
If the petition shall be sufficient the county clerk shall within 2 days notify the official whose recall is sought thereby. If such notice...
- Section 40:41a-92 - Ballots
The ballots at the recall election shall conform to the requirements respecting the election of county officers, as provided in this article or in...
- Section 40:41a-93 - Removal Of More Than One Officer
If the removal of more than one officer is sought the same provisions for submitting to the electors the question and direction herein before...
- Section 40:41a-94 - Election Of Successor; Use Of Recall Ballot
The same ballot used for submitting the question or questions of recall shall be used for the election of a successor to the incumbent...
- Section 40:41a-95 - Laws Governing Recall Elections; Selection Of Candidate For Successor Of Recalled Incumbent
The provisions of this article or of Title 19 of the Revised Statutes (Elections), whichever shall apply in the county in accordance with the...
- Section 40:41a-96 - Publication Of Notices Of Arrangements For Recall Elections; Conduct
The county clerk shall cause to be made due publication of notices of arrangements for holding all recall elections and they shall be conducted...
- Section 40:41a-97 - Results Of Elections
a. If a majority of voters in connection with the recall of any officer be in favor of the recall, the term of office...
- Section 40:41a-98 - Successor Where Incumbent Resigns Or Is Recalled
If the office of the incumbent shall become vacant either by his resignation or by the result of the recall election, his successor shall...
- Section 40:41a-99 - Meetings Of Board; Journal
The board of freeholders shall by ordinance or resolution designate the time of holding regular meetings, which shall be at least monthly. All meetings...
- Section 40:41a-100 - Rules Of Procedure; Quorum; Resolutions; Compensation
a. The board shall promptly after its organization determine and adopt, by resolution, a set of bylaws prescribing its own rules of procedure. Said...
- Section 40:41a-101 - Ordinances.
101. a. An ordinance shall mean any act or regulation of the board, except an expense budget or capital budget, required to be reduced...
- Section 40:41a-102 - Recording Of Ordinances And Resolutions
The clerk to the board of freeholders shall record all ordinances and resolutions adopted by the board and at the close of each year,...
- Section 40:41a-103 - Rules And Regulations; Filing; Publication
No rule or regulation made by any department, officer, agency or authority of the county, except such as relates to the organization or internal...
- Section 40:41a-104 - Petition; Percentage Of Registered Voters Required
The voters of any county shall have the power of initiative and, pursuant thereto, may propose any ordinance and may adopt or reject the...
- Section 40:41a-105 - Power Of Referendum; Time For Filing Petition
The voters shall have the power of referendum and, pursuant thereto, may approve or reject at the polls any ordinance submitted by the board...
- Section 40:41a-106 - Petition Papers; Affidavits
All petition papers circulated for the purposes of an initiative or referendum shall be uniform in size and style. Initiative petition papers shall contain...
- Section 40:41a-107 - Filing Of Petition Papers; Examination; Certification Of Result
All petition papers comprising an initiative or referendum petition shall be assembled and filed with the county clerk as one instrument. Within 20 days...
- Section 40:41a-108 - Amendment Of Initiative Or Referendum Petition
An initiative or referendum petition may be amended at any time within 10 days after the notification of insufficiency has been served by the...
- Section 40:41a-109 - Suspension Of Ordinance
Upon the filing of a referendum petition with the county clerk, the ordinance shall be suspended until 10 days following a finding by the...
- Section 40:41a-110 - Submission To Board Of Freeholders
Upon a finding by the county clerk that any petition or amended petition filed with him in accordance with this act is sufficient, the...
- Section 40:41a-111 - Submission Of Ordinance To Voters; Withdrawal Of Petition
If within 60 days of the submission of a certified petition by the county clerk the board shall fail to pass an ordinance requested...
- Section 40:41a-112 - Referendum Election
Any ordinance to be voted on by the voters in accordance with sections 104 through 116 of this act shall be submitted at the...
- Section 40:41a-113 - Number Of Proposed Ordinances Voted Upon; Time Between Special Elections
Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this article, but there shall...
- Section 40:41a-114 - Publication Of Ordinance
Whenever an ordinance is to be submitted to the voters of the county at any election in accordance with this article, the clerk shall...
- Section 40:41a-115 - Ballots
The ballots to be used at such election shall be in substantially the following form: "To vote upon the public question printed below, if...
- Section 40:41a-116 - Results Of Election; Conflicting Measures
If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid...
- Section 40:41a-117 - Division Of County Adopting A District Representation System Under Section 40:41a-14c Into Districts
Whenever any county adopts a district representation system as set forth in section 14c of this act, said county shall be divided into districts...
- Section 40:41a-118 - District Commissioners; Certification Of Boundaries
118. The district commissioners shall consist of four members, two to be appointed by the chairman of the county committee of each of the...
- Section 40:41a-119 - Meeting Of District Commissioners; Division Into Districts
Within 5 days following the election at which the voters of the county shall have adopted one of said optional plans, the district commissioners...
- Section 40:41a-120 - Boundaries Of Districts; Population Difference
The district commissioners shall fix and determine the district boundaries so that each district is formed of compact and contiguous territory. The districts so...
- Section 40:41a-121 - Report And Certificate; Map
Within 30 days after the adoption of one of said optional plans, the district commissioners shall make and file their report and certificate over...
- Section 40:41a-122 - Notice Of District Boundaries; Publication
A notice of the district boundaries as fixed and determined by the district commissioners shall be published by the clerk of the county at...
- Section 40:41a-123 - Adjustments In District Boundaries Following Census
123. Within three months following the receipt by the Governor of the official decennial census of the United States for New Jersey, the district...
- Section 40:41a-124 - Schedule Of Installation Of Optional Plan Adopted
The schedule of installation of an optional plan adopted pursuant to this act shall, as provided herein, take the following course: a. An election...
- Section 40:41a-125 - Adoption Of The Administrative Code.
125. a. Any time after 60 days from the date of the organization of the first board of chosen freeholders elected under this act,...
- Section 40:41a-126 - Effective Date Of Administrative Code
The administrative code shall enter into effect 30 days after its adoption, but not later than May 1 following the organization of the first...
- Section 40:41a-127 - Existing Resolutions Remain In Force Where Not Inconsistent
Upon the effective date of the charter change, all resolutions of the county to the extent that they are not inconsistent with the provisions...
- Section 40:41a-128 - Appointments Between Election And Time Of Taking Office Under Optional Plan; Pending Actions And Proceedings
a. No subordinate board, department, body, office, position or employment shall be created and, except in the case of positions created by this act,...
- Section 40:41a-129 - Employees In The Classified Service
Employees in the classified service. On the effective date of the administrative code, all officers and employees in the classified service of the county...
- Section 40:41a-129.1 - Counties Of First Class; Appointment Of Aides; Unclassified Service
Notwithstanding the provisions of any law to the contrary, in any county of the first class operating under the provisions of P.L.1972, c. 154...
- Section 40:41a-130 - County Administration Of Civil Service
The board of freeholders of any county adopting one of the plans of government set forth in this act may by resolution apply to...
- Section 40:41a-131 - Procedures For Establishment Of County Department Of Civil Service
Upon passage of a resolution by the board of freeholders calling for the establishment of a county department of civil service the chief executive...
- Section 40:41a-132 - Fiscal Year
The fiscal year of the county shall be the calendar year except as may be otherwise provided by the Local Budget Law. L.1972, c....
- Section 40:41a-133 - Preparation And Submission Of Budget; Budgetary Process
The budgetary process of the county shall be subject to all requirements of the Local Budget Law (N.J.S. 40A:4-1 et seq.) and the promulgations...
- Section 40:41a-134 - Scope Of Budget And Message
The budget document shall be prepared by the budget officer in such form as will comply with the Local Budget Law, together with such...
- Section 40:41a-138 - Appropriation Requests; Allotments
As part of the budget request submitted by each department, office and agency of the county to the budget officer, there shall be included...
- Section 40:41a-142 - Person Charged; Newspapers; Qualifications
Whenever notice by publication is required under this act the clerk to the board of freeholders or the county counsel, whichever shall be charged...
- Section 40:41a-143 - Partial Invalidity
If any clause, sentence, paragraph, section, or part of this act shall be adjudged to be invalid by any court of competent jurisdiction, such...
- Section 40:41a-144 - Short Title
This act shall be known as the "Optional County Charter Law." L.1972, c. 154, s. 144, eff. Sept. 19, 1972.
- Section 40:41a-145.1 - Election To Fill Vacancy On Board Of Chosen Freeholders; Exception.
5. a. When any vacancy occurs on the board of chosen freeholders otherwise than by expiration of term, it shall be filled by election...
- Section 40:41a-145.2 - Interim Successor Selected By Appropriate Political Party.
6.In the case of a vacancy occurring with respect to a member of the board of chosen freeholders who was elected as the candidate...
- Section 40:41a-145.3 - Selection From Floor By County Committee
Members of the political party's county committee who are empowered to select a candidate for the vacated office shall only nominate a candidate from...
- Section 40:41a-146 - Vacancy Of All Or Majority Of Offices Of Members Of Board; Certification To And Appointments To Temporarily Fill By Governor
Whenever the offices of all or a majority of the members of the board of chosen freeholders shall become vacant for any reason, the...
- Section 40:41a-147 - Appointees; Qualifications
Any person appointed by the board of chosen freeholders or the Governor to fill a vacancy either for the unexpired term or temporarily, shall...
- Section 40:41a-148 - Voters Empowered To Change Term Of Office
Notwithstanding the provisions of any other law to the contrary, in any county which has adopted a form of government authorized under the provisions...
- Section 40:41a-149 - First Election Of Board Under Adopted Proposition
In the event of a favorable vote on a proposition submitted pursuant to the provisions of section 8 of this amendatory and supplementary act,...
- Section 40:42-1 - Municipality; Municipal Corporation
The term "municipality" or "municipal corporation" , where used in this subtitle, means and includes "city" , "town" , "township" , "village" , "borough"...
- Section 40:42-2 - Governing Body
The term "governing body" , where used in this subtitle, shall be construed to mean the board or body in each municipality designated by...
- Section 40:42-3 - Construction
No provision of this subtitle shall be construed to take from any officer, board or body in any municipality any power or authority which...
- Section 40:42-4 - Municipalities Given Fullest Powers
In construing the provisions of this subtitle, all courts shall construe the same most favorably to municipalities, it being the intention to give all...
- Section 40:43-1 - Every Municipality A Body Corporate
The inhabitants of every municipality shall be a body corporate in fact and in law, and by its corporate name it shall have perpetual...
- Section 40:43-2 - Records Of Municipal Incorporations Prior To March 28, 1930
The clerk of every county shall, at the expense of the county, record at length in appropriate books in his office to be designated...
- Section 40:43-3 - Records Of Municipal Incorporations After March 28, 1930
The clerk of every county shall, at the expense of the municipality filing the same, record at length in appropriate books in his office...
- Section 40:43-4 - Petition For; Referendum
Whenever a petition praying for the change of name of any municipality and specifying the name proposed for adoption shall be signed by at...
- Section 40:43-5 - Adoption Of Changed Name; Copies Filed
If a majority of the votes cast upon such question at such election shall be in favor of the change of name, such name...
- Section 40:43-6 - Effect Of Change On Charter; Ordinances
All the provisions of any charter of any such municipality, except so much as refers to the name, and all ordinances, resolutions and official...
- Section 40:43-7 - Actions And Liabilities Unaffected
No suit brought by or against any such municipality shall abate by reason of the change of such corporate title, nor shall the liability...
- Section 40:43-8 - Corporate Title Shortened
The governing body of every municipality may by resolution shorten the corporate title thereof by striking therefrom any such words as "the mayor and...
- Section 40:43-9 - When Effective; Actions And Liabilities Unaffected; Resolution Published
Upon the filing in the office of the secretary of state of any such resolution passed by any such board or body, the corporate...
- Section 40:43-9.1 - No Proceedings For New Charter Or Form Of Government While Other Proceedings Pending
Notwithstanding the provisions of any other general or special law, no petition for submission of the question of adopting a new or different municipal...
- Section 40:43-10 - Acquisition Of Property And Liabilities; Apportionment
Whenever any municipality may be hereafter created or incorporated, it shall have and own all the property, assets and liens which at the time...
- Section 40:43-11 - Officers Continued; New Government Established
The officers of any municipality, any portion of which shall be included within the newly created municipality, who shall hold office at the time...
- Section 40:43-12 - Substitution Of Parties In Legal Action
The new municipality shall be substituted, on its own application, as party plaintiff or defendant in any suit pending in any court of law...
- Section 40:43-13 - Taxes And Assessments; Enforcement And Collection
All taxes and assessments theretofore levied by any municipality lying wholly within such newly created municipality, and all taxes and assessments which may have...
- Section 40:43-14 - Election Districts; Election Procedure
On the filing with the county clerk of a copy of the act of incorporation of such newly created municipality, certified under the hand...
- Section 40:43-15 - Division Into Wards
If the newly created municipality be one that is, by the general laws governing it, required to be divided into wards, the county board...
- Section 40:43-16 - Organization Of Newly Elected Officers
On the first Monday after the filing of the result of said election in the office of the clerk of the county, those who...
- Section 40:43-17 - Joint Committee To Divide Property; Appointment
If the newly created municipality includes a portion of any other municipality, the governing body of the newly created municipality shall forthwith appoint from...
- Section 40:43-18 - Joint Meeting; Property And Indebtedness Apportioned
Whenever a joint committee is created as provided by section 40:43-17 of this title the governing body of the newly created municipality shall appoint...
- Section 40:43-19 - Quorum; Procedure; Clerk Appointed
In effecting such division a decision of a majority of those present of the committee of said newly created municipality concurred in by a...
- Section 40:43-20 - Joint Committee; Powers; Subpoenas
The joint committee shall have power to take testimony, issue subpoenas, compel the attendance of any of the officers of any of the municipalities...
- Section 40:43-21 - Commissioners Appointed Where No Agreement Reached
40:43-21. If the joint committee shall be unable to agree upon a division of the assets or debts of said municipalities, or in case...
- Section 40:43-21.1 - Refunding Pro Rata Share Of Indebtedness
When two or more municipalities have been created prior to May second, one thousand nine hundred and thirty-six, within the limits of a former...
- Section 40:43-22 - Dissolution Of Municipality
Whenever any municipality shall be dissolved under any special or general law, and shall then become or be made a part of any other...
- Section 40:43-23 - Officers Of Old Municipality Residing In New Municipality; How Affected
If a newly created municipality shall include a part of another municipality, any officer thereof residing within the limits of the newly created municipality...
- Section 40:43-24 - Special Acts Repealed On Incorporation; Rights Thereunder Unaffected
Any charter or special act in force within any municipality, any portion of which shall be included within such newly created municipality, shall be...
- Section 40:43-25 - Real Estate Includes Sewers; Indebtedness For; Neither Considered In Apportionment
The term "real estate" , as used in this article, includes all sewer or other improvements of a public nature so lying entirely within...
- Section 40:43-25.1 - Newly Created Municipalities May Adopt By Reference Ordinances Of Municipality Of Which It Was A Part
The governing body of a newly created municipality may enact within two years after its formation an ordinance or ordinances adopting by reference the...
- Section 40:43-25.2 - Adoption Of Ordinances By Reference; Procedure
All provisions of law relating to the adoption, approval and advertisement of ordinances generally shall apply to the ordinance or ordinances adopting such ordinance...
- Section 40:43-64.1 - Consolidation Of Borough Under Jurisdiction Of Local Government Board With Township Not So Functioning; Release
Whenever any borough is functioning under the jurisdiction of the Local Government Board in the Division of Local Government in the State Department of...
- Section 40:43-64.2 - Release Of Consolidating Borough From Liability To County For Delinquent Taxes; Approval
In any such case of annexation and consolidation, the board of chosen freeholders of the county wherein said municipalities are located may, by resolution,...
- Section 40:43-64.3 - Transfer Of Property And Rights To Township; Liabilities; Offices; Adjustments
In any such case of annexation and consolidation: (a) all of the property, tangible and intangible, and all of the rights of any kind...
- Section 40:43-65 - Consolidation Of Boroughs Or Other Municipalities With Cities Lying In Different Counties
L.1915, c. 374, p. 691, s.s. 1 to 10, and 12 to 15 [1924 Suppl. s.s. *136-740A(1) to *136-740A(10) and *136-740A(12) to *136-740A(15) ],...
- Section 40:43-66.35 - Short Title
This act shall be known and may be cited as the "Municipal Consolidation Act." L.1977, c. 435, s. 1, eff. March 1, 1978.
- Section 40:43-66.36 - Legislative Findings And Declarations
The Legislature hereby finds and declares that it is in the public interest to encourage contiguous municipalities to consider consolidation as a means of...
- Section 40:43-66.37 - Definitions
As used in this act, unless the context requires another or different meaning: a. "Commissioner" means the Commissioner of Community Affairs; b. "Consolidated municipality"...
- Section 40:43-66.38 - Authorization
Any two or more contiguous municipalities in the same county may be consolidated into a single municipality pursuant to the provisions of this act....
- Section 40:43-66.39 - Proposal For Formation Of Joint Municipal Consolidation Study Commission.
5.The governing body of any municipality proposing to consolidate with one or more other municipalities may, by ordinance or resolution, propose the formation of...
- Section 40:43-66.40 - Petition For Formation Of Joint Municipal Consolidation Study Commission; Certification Of Sufficiency; Transmittal
The registered voters of any municipality may, by petition, propose the formation of a joint municipal consolidation study commission. The petition, or each petition...
- Section 40:43-66.41 - Question Of Forming Consolidation Commission Submitted To Voters; Alternative Methods.
7. a. If, within one year after the date on which the first ordinance or resolution, pursuant to section 5 of P.L.1977, c.435 (C.40:43-66.39),...
- Section 40:43-66.42 - Election Of Members Of Consolidation Commission.
8.Members of a consolidation commission formed pursuant to paragraph (1) of subsection a. of section 7 of P.L.1977, c.435 (C.40:43-66.41) shall be elected by...
- Section 40:43-66.43 - Qualifications Of Candidates Of Consolidation Commission.
9. a. The candidates from each participating municipality for a consolidation commission formed pursuant to paragraph (1) of subsection a. of section 7 of...
- Section 40:43-66.45 - Membership Of Joint Municipal Consolidation Study Commission.
11.The membership of a joint municipal consolidation study commission formed pursuant to the provisions of P.L.1977, c.435 (C.40:43-66.35 et seq.) shall consist of five...
- Section 40:43-66.46 - Certification Of Election Results
The results of the election in each municipality in which the question was submitted shall be certified in accordance with Title 19 of the...
- Section 40:43-66.47 - Appointment Of Commissioner's Representative.
13.The Commissioner of Community Affairs shall appoint a person to act as the commissioner's representative to the commission. The commissioner's appointee shall not be...
- Section 40:43-66.48 - Organization, Meeting Of Consolidation Commission.
14.As soon as possible and in any event no later than 15 days after the election or appointment of all its members, the consolidation...
- Section 40:43-66.49 - Vacancies
In case of any vacancy in the membership of the commission, the governing body of the participating municipality in which the vacancy occurred shall,...
- Section 40:43-66.50 - Duties And Function; Report Of Findings And Recommendations
It shall be the duty and function of the joint municipal consolidation study commission to study the question and feasibility of consolidating the participating...
- Section 40:43-66.51 - Meetings And Hearings; Application Of Open Public Meetings Act; Subpenas
The commission shall hold its meetings and hearings in accordance with the provisions of the "Open Public Meetings Act" (P.L.1975, c. 231; C. 10:4-6...
- Section 40:43-66.52 - Compensation Of Members; Reimbursement Of Expenses
Members of the consolidation commission shall serve without compensation, but shall be reimbursed for necessary expenses incurred by them in the performance of their...
- Section 40:43-66.53 - Budget; Apportionment Among Municipalities; Acceptance Of Aid; Facilities And Employees; Audit
a. The joint municipal consolidation study commission shall prepare a proposed budget for its activities showing anticipated expenses and anticipated receipts of funds from...
- Section 40:43-66.54 - Study Of Fiscal Aspects Of Proposed Consolidation.
20. a. The Department of Community Affairs shall, within five months from the date of its receipt of all the election results or ordinances,...
- Section 40:43-66.56 - Filing Of Final Report, Recommendations.
22. a. The joint municipal consolidation study commission shall publish and file its final report and recommendations within ten calendar months from the date...
- Section 40:43-66.57 - Discharge Of Commission
The consolidation commission shall be discharged: a. On the date of the filing of its final report and recommendations, if such report recommends against...
- Section 40:43-66.58 - Recommendations In Final Report
24. In its final report the consolidation commission may recommend: a. That a referendum be held to submit to the registered voters of the...
- Section 40:43-66.59 - Referendum
If the commission recommends the submission of the question of consolidation to the voters, the municipal clerk of each participating municipality shall cause the...
- Section 40:43-66.60 - Special Charter; Petition To Legislature Upon Approval Of Plan By Voters
If any consolidation plan approved by the voters shall involve a special charter for the consolidated municipality, the governing bodies of the participating municipality...
- Section 40:43-66.61 - Prohibition On Creation Of Joint Municipal Consolidation Study Commission While Proceedings Pending.
27.No ordinance or resolution may be adopted and no petition may be filed for the creation of a joint municipal consolidation study commission pursuant...
- Section 40:43-66.62 - Vote Necessary
The question submitted pursuant to section 25 of this act shall be deemed approved and adopted only if a majority of those voting on...
- Section 40:43-66.63 - Consolidation Of Municipalities; Election Of Officers; Date Of Consolidation; Ward Boundaries; Election District Boundaries
a. Following the adoption of the question of consolidation in each of the participating municipalities, the nomination and election of officers for the consolidated...
- Section 40:43-66.64 - New Corporate Entity; Adoption Of Ordinances By Resolution; Notice; Publication; Application Of General Laws Of State
From and after the date of consolidation, as set forth in section 29 of this act, the participating municipalities shall constitute and be a...
- Section 40:43-66.65 - Succession In Government
From and after the date of consolidation, the consolidated municipality or new school district, if any, shall be vested with and subject to the...
- Section 40:43-66.66 - Cooperation Of Officers And Employees Of Participating Municipalities
All officers and employees of the participating municipalities are authorized and directed to cooperate fully with any officers elected to govern the consolidated municipality,...
- Section 40:43-66.67 - Transfer Of Funds And Property; Tax Levy For Property Subject To Separate Taxation
Immediately upon the installation of the government of the consolidated municipality, the officers having custody of the funds of the participating municipalities shall deliver...
- Section 40:43-66.68 - Officers And Appointees Of Governing Body Of Participating Municipalities; Termination Of Office
The terms of office and appointments of all local officers and employees elected or appointed by, in, or for the participating municipalities shall, except...
- Section 40:43-66.69 - Legal Proceedings
No suit, action, or proceeding pending in any court or before any board or department wherein one of the participating municipalities or constituent school...
- Section 40:43-66.70 - Debt Obligations And Bond Issues
During the period between the date of election of new officers for the consolidated municipality, and the date of consolidation, no new debt obligations,...
- Section 40:43-66.71 - Permits, Licenses And Franchises
Permits, licenses and franchises granted to any place or person by any of the participating municipalities shall, subject to their conditions, remain in full...
- Section 40:43-66.72 - Succession In School Districts
If so provided in the plan of consolidation approved by the voters of the participating municipalities pursuant to this act, from and after the...
- Section 40:43-66.73 - Principals, Teachers And Employees In Public Schools
All principals, teachers, and employees in the public schools of the participating municipalities, or of any regional school district or portion thereof abolished by...
- Section 40:43-66.74 - Members Of School Boards Of Education
a. The members of the first board of a type I school district shall be appointed and take office on the date of consolidation...
- Section 40:43-66.75 - Officers And Employees
All officers and employees of the participating municipalities whose employment is continued following consolidation shall be employees of the consolidated municipality. They shall be...
- Section 40:43-66.76 - Joint Service Program Grant; Application; Limitations
Within 3 months from the date of consolidation, the governing body of the consolidated municipality shall, in accordance with the provisions of this section,...
- Section 40:43-66.77 - Liberal Construction Of Act; Severability
a. This act, being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purpose thereof. b....
- Section 40:43-66.78 - Findings, Declarations Relative To Consolidation Of Sparsely Populated Municipalities
1. The Legislature finds and declares that the consolidation of sparsely populated municipalities into contiguous municipalities having larger populations should be encouraged as a...
- Section 40:43-66.79 - Definitions
2. For the purposes of this act: "Absorbing municipality" means a municipality into which a contiguous sparsely populated municipality situate in the same county...
- Section 40:43-66.80 - Ordinance Proposing Municipality's Consolidation; Consent
3. a. The governing body of a sparsely populated municipality may adopt, by two-thirds vote of its full membership, an ordinance proposing the municipality's...
- Section 40:43-66.81 - Question Of Consolidation Submitted To Voters
4. a. Whenever the governing body of a sparsely populated municipality with a population between 100 and 500 persons according to the most recent...
- Section 40:43-66.82 - Meeting With Mayors; Timetable Of Consolidation
5. a. Within 20 days of either: (1) receipt of an ordinance consenting to consolidation pursuant to subsection c. of section 3 of P.L.1995,...
- Section 40:43-66.83 - Effects Of Consolidation
6. a. The consolidated municipality shall continue the form of government and name of the absorbing municipality. b. The clerk of the consolidated municipality...
- Section 40:43-66.84 - Tuition, Transportation Costs Of Students On Federal Property
7. In the event children in a consolidated municipality reside on federal property within the former boundaries of a sparsely populated municipality, the State...
- Section 40:44-9 - Short Title
This act shall be known and may be cited as the "Municipal Ward Law." L.1981, c. 496, s. 1, eff. Jan. 12, 1982.
- Section 40:44-10 - Application To And Governance Of Municipalities Divided Into Wards
This act shall apply to and govern any municipality having adopted a charter or form of government, or ordinance, providing that the municipality shall...
- Section 40:44-11 - Division Into Wards By Ward Commissioners
A municipality shall be divided by the ward commissioners, in the manner provided in this act, into so many wards as the charter or...
- Section 40:44-12 - Compensation Of Ward Commissioners, Assistance
4. Each ward commissioner shall be entitled to be reimbursed for necessary expenses incurred in the performance of his duties and to such compensation...
- Section 40:44-13 - Meetings; Oath; Division Into Wards Or Change In Boundaries
a. Within 5 days following any election at which the voters of the municipality shall have adopted a charter, or an amendment thereof, or...
- Section 40:44-14 - Boundaries; Requirements
The ward commissioners shall fix and determine the ward boundaries so that each ward is formed of compact and contiguous territory. The population of...
- Section 40:44-15 - Report On Ward Boundaries; Certification; Filing
Within 30 days following their initial meeting pursuant to section 5 of this act, the ward commissioners shall file their report, certified by at...
- Section 40:44-16 - Publication Of Notice Of Ward Boundaries.
8.Within 2 weeks immediately following the filing of the certified report by the ward commissioners, the municipal clerk shall cause to be published at...
- Section 40:44-17 - Adjustment Of Boundaries; Continuance In Office Of Elected Officers
Whenever the boundaries of existing wards are adjusted pursuant to subsection b. or c. of section 5 of this act, all officers elected therefor...
- Section 40:44-18 - Inapplicability Of Act To Wards Or Ward Boundaries Existing On January 12, 1982
Nothing contained in this act shall invalidate any wards or ward boundaries existing in any municipality on the effective date of this act which...
- Section 40:45-1 - When Held; Law Applicable
Except as hereinafter provided in section 40:45-2 of this title, all municipal or charter elections shall be held and all officers required to be...
- Section 40:45-2 - Section 40:45-1 Inapplicable In Certain Cases
Nothing in this article shall apply to elections of commissioners in municipalities governed by the provisions of subtitle four of this Title (s. 40:70-1...
- Section 40:45-3 - Time For Holding; Publication And Notice; Procedure
In every case in which a referendum vote of the legal or qualified voters of a municipality is authorized by law such vote may...
- Section 40:45-4 - Time For Holding District Elections; School Districts Unaffected
When there exists in this state any municipality or any district or subdivision thereof, except school districts, whose inhabitants or legal voters are authorized...
- Section 40:45-5 - Short Title
This act shall be known and may be cited as the "Uniform Nonpartisan Elections Law." L.1981, c. 379, s. 1, eff. Jan. 1, 1982.
- Section 40:45-6 - Application Of Act.
2. This act shall govern all municipalities having adopted a plan or form of government, or a charter, which provides for the election of...
- Section 40:45-7 - Regular Municipal Elections; Date; Place; Conduct; Change; Election Officers.
3.Except as may otherwise be provided by law for initial elections conducted in a municipality following its adoption of a plan or form of...
- Section 40:45-7.1 - Municipal Elections, Certain, Change Of Date Permitted.
1. a. Any municipality governed by the provisions of the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C.40:45-5 et seq.) may, by ordinance, choose to...
- Section 40:45-7.2 - Arranging Ballots For General Election.
2.Whenever a municipality has passed an ordinance pursuant to subsection a. of section 1 of P.L.2009, c.196 (C.40:45-7.1), the clerk of the county in...
- Section 40:45-8 - Petitions Of Nomination.
4.On or before the 64th day prior to a regular municipal election, the names of candidates for all elective offices shall be filed with...
- Section 40:45-9 - Individual Certificates Of Nomination.
5. a. The municipal clerk shall furnish, upon request, a reasonable number of forms of individual certificates of nomination. b.Each certificate shall contain the...
- Section 40:45-10 - Designation Of Candidate On Ballot
Any candidate whose name is to be printed on the ballot may petition the municipal clerk to print, opposite his name on the ballot,...
- Section 40:45-10.1 - Designation Of Committee On Vacancies
When several candidates for the office of commissioner petition that their names be grouped together and that one designation named by them shall be...
- Section 40:45-11 - Nomination For One Office Only
No person shall accept nomination for more than one municipal office to be voted for at a regular municipal election to be held under...
- Section 40:45-12 - Order Of Names Of Candidates On Ballot; Drawing Lots
The municipal clerk shall draw lots to determine the order in which the names of the candidates or groups of candidates shall appear upon...
- Section 40:45-13 - Publication Of Names Of Candidates
Within 10 days after the expiration of the time for filing certificates, statements and petitions for candidates, and the drawing for position, the municipal...
- Section 40:45-14 - Persons With Same Name; Statement Of Identification On Ballot
When persons bearing the same name are nominated for the same office, either person may file with the municipal clerk a statement in writing...
- Section 40:45-15 - Ballots; Printing And Authentication; Contents; Delivery.
11.In the case of a regular municipal election occurring on the second Tuesday in May, the municipal clerk shall cause the ballots to be...
- Section 40:45-16 - Count Of Ballots; Statement Of Returns; Canvass
The district boards of registry and election shall, immediately upon the closing of the polls, count the ballots and ascertain the number of votes...
- Section 40:45-17 - Number Of Votes For Election; Commencement Of Term Of Office.
13.At the regular municipal election in any municipality which has adopted this act, the candidates receiving the greatest number of votes cast shall be...
- Section 40:45-18 - Municipalities With Run-off Elections; Election Of Councilmen-at-large Or Commissioners Or Village Trustees With Less Than Majority Of Votes
14. Notwithstanding the provisions of section 13 of P.L.1981, c.379 (C.40:45-17), if the voters of any municipality shall adopt the proposition of holding run-off...
- Section 40:45-19 - Run-off Elections; Votes Necessary For Election.
15.In any regular municipal election held under section 14 of P.L.1981, c.379 (C.40:45-18), if a sufficient number of candidates do not receive a majority...
- Section 40:45-20 - Continuation Of Provisions For Run-off Elections
Any municipality in which, immediately prior to the effective date of this act, run-off elections were required to be held pursuant to the plan...
- Section 40:45-21 - Run-off Elections; Adoption Or Abandonment Of Provisions; Submission By Ordinance Or Petition To Voters; Vote Necessary
a. Any municipality governed by the provisions of this act, but not by the provisions of sections 14 and 15 of this act, may,...
- Section 40:45a-1 - Date, Time Of Annual Organization, Reorganization Meeting.
1.Notwithstanding any other provision of law, the governing body of a municipality in which any of the members of the governing body are elected...
- Section 40:46-39 - Optional Municipal Key Positions Law; Short Title
This act shall be known as the "Optional Municipal Key Positions Law." L.1950, c. 211, p. 524, s. 1, eff. June 8, 1950.
- Section 40:46-40 - Adoption Of Act
Any municipality may, by referendum as hereinafter provided, adopt the provisions of this act and be governed thereby. L.1950, c. 211, p. 524, s....
- Section 40:46-41 - Definitions
For the purposes of this act, unless the context clearly requires another meaning: (a) "Committee" shall mean the Committee on Certification of Local Officers...
- Section 40:46-42 - Certificate Of Qualification
In any municipality governed under this act, no person holding a key position in such municipality shall hereafter acquire any protected tenure of office...
- Section 40:46-43 - Committee On Certification Of Local Officers
There is hereby created a Committee on Certification of Local Officers. The committee shall consist of the Director of the State Division of Local...
- Section 40:46-44 - Duties; Standards Of Proficiency; Certificates Of Qualification; Training Programs
Subject to the provisions of this act and other applicable laws, the committee shall: (a) establish and define standards of proficiency and competence for...
- Section 40:46-45 - Examination Of Applicants; Certificates Of Qualification
Upon request of any person holding a key position in any municipality governed under the provisions of this act who has served in such...
- Section 40:46-46 - Powers Of Committee
For the purposes of this act, the committee may: (a) use the facilities of State departments as may be necessary or desirable to carry...
- Section 40:46-47 - Delegation Of Powers And Duties; Information And Assistance; Examination Fees
The committee may delegate such of its functions, powers, and duties as it may deem appropriate to its executive secretary, or to other officers...
- Section 40:46-48 - Form Of Tests
Tests as required by this act may be written, oral, physical or in the form of demonstration or evidence of education or skill, or...
- Section 40:46-49 - Offenses
Any person who, for the purpose of defeating, or obstructing the provisions and purpose of this act, shall: (a) willfully, by himself or in...
- Section 40:46-50 - Exemption Of Positions From Provisions Of Act
Key positions shall be exempt from the provisions of this act when the key positions are within the classified service of the civil service...
- Section 40:46-51 - Retirement At 70 Or For Disability
Any person who hereafter acquires tenure in a key position may, upon reasonable notice, be retired from active service in such position by action...
- Section 40:46-52 - Adoption Of Act
The qualified voters of any municipality may adopt this act at any regular municipal or general election or at any election at which they...
- Section 40:46-53 - Act Operative On Favorable Vote
The municipal clerk shall certify the results of the election to the legislative body of the municipality at its first meeting thereafter, enter the...
- Section 40:47-4.6 - Legislative Findings
The Legislature finds that the urgency of augmenting local law enforcement agencies to cope with increases in the number of serious crimes and civil...
- Section 40:47-4.7 - Temporary Appointment; Maximum Period; Qualifications
Notwithstanding the provisions of law as to maximum age, residence, eligibility for membership in a pension or retirement system, duration of employment throughout an...
- Section 40:47-4.8 - Nature Of Act; Limitation On Appointments
This act is of a temporary and emergent nature and no appointment shall be made pursuant hereto after January 1, 1972. L.1968, c. 275,...
- Section 40:47-11.1 - Reappointment Of Former Member
Any municipality not subject to the terms of Title 11, Civil Service, of the Revised Statutes, may reappoint a former member of its police...
- Section 40:47-11.2 - Reinstatement Into Pension System
Whenever a former policeman or fireman is reappointed pursuant to section 1 of this act and the membership of such person in the pension...
- Section 40:47-12 - Effect Of Annexation In Certain Cases On Tenure
L.1922, c. 123, p. 218 [1924 Suppl. s.s. *136-650A(1), *136-650A(2) ], entitled "An act concerning the annexation of part of one town or township...
- Section 40:47-20.9 - Validation Of Appointment Of Policemen Appointed When Less Than 21 Years Of Age
Whenever it shall appear that any person was heretofore appointed to the police department or force of any municipality at a time when he...
- Section 40:47-20.10 - Validation Of Appointment Of Policemen Exceeding Maximum Age
Any appointment to the police department of a municipality heretofore made of an individual otherwise qualified who on the date of appointment exceeded the...
- Section 40:47-20.11 - Eligibility Of Appointee, After Confirmation Of Appointment, To Police And Firemen's Retirement System
The board of trustees of the police and firemen's retirement system of New Jersey shall accept as a member of the retirement system any...
- Section 40:47-20.12 - Appointment Of Chief Of Police Exceeding Maximum Age And Lacking Residence Qualifications
Upon the creation of a police department in any municipality in which no police department existed theretofore, a person may be appointed to the...
- Section 40:47-51 - Paid Fire Departments In Certain Municipalities; Fire Commissioners
L.1886, c. 42, p. 54 (C.S. p. 2380, s.s. 217 to 219), entitled "An act to enable cities and municipalities of this state to...
- Section 40:47a-1.1 - Emergency; Definition
As used in this act and in the act of which this act is amendatory and supplementary, "emergency" means any unusual conditions caused by...
- Section 40:47a-5.1 - Reimbursement; Amount
The State House Commission, having verified the accuracy of statements made in the application for reimbursement and established the eligibility of the municipality to...
- Section 40:47a-7 - Rules And Regulations
The State House Commission shall issue rules and regulations necessary to implement the administration of the Local Emergency Aid Fund. L.1970, c. 23, s.
- Section 40:48-1 - Ordinances; General Purpose.
40:48-1.Ordinances; general purpose. The governing body of every municipality may make, amend, repeal and enforce ordinances to: Finances and property. 1. Manage, regulate and...
- Section 40:48-1.1 - Removal Or Demolition Of Hazardous Buildings; Recovery Of Costs
1. Whenever any municipality, pursuant to law or pursuant to any ordinance, code, rule or regulation adopted pursuant to law, undertakes the removal or...
- Section 40:48-1.2 - Enactment Of Ordinance Prohibiting Possession, Consumption Of Alcoholic Beverages By Underaged Person On Private Property, Permitted.
1. a. A municipality may enact an ordinance making it unlawful for any person under the legal age who, without legal authority, knowingly possesses...
- Section 40:48-1.2a - Immunity From Prosecution; Certain Circumstances.
2. a. An underage person and one or two other persons shall be immune from prosecution under an ordinance authorized by section 1 of...
- Section 40:48-1.3 - Holding Dui Arrestees In Protective Custody, Certain Circumstances.
1. a. A municipality may enact an ordinance providing that a person who is arrested for a violation of the provisions of R.S.39:4-50 shall...
- Section 40:48-1.4 - Criminal History Record Check Requested By Municipality, Authority For.
34. a. A municipality may enact an ordinance providing that an authorized municipal official or officer may request a criminal history record background check...
- Section 40:48-1.5 - Regulation Of Apiary Activities.
1. a. Except as otherwise provided in subsections b. and c. of this section, no municipality may: (1)adopt an ordinance, resolution, rule, or regulation...
- Section 40:48-1.6 - Findings, Declarations Relative To Private Outdoor Video Surveillance Cameras.
1. The Legislature finds and declares that: a.The ability of law enforcement officials to timely investigate criminal activity is essential to apprehending culpable criminals...
- Section 40:48-1.7 - Private Outdoor Video Surveillance Camera Registry.
2. a. A municipality may enact an ordinance to establish a private outdoor video surveillance camera registry and to allow any person who owns...
- Section 40:48-2 - Other Necessary And Proper Ordinances
Any municipality may make, amend, repeal and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or...
- Section 40:48-2.1 - Opening And Closing Of Beauty Parlors; Penalties
The governing body of any municipality in this State shall have the power: (a) To pass, enforce, alter or repeal ordinances to take effect...
- Section 40:48-2.2 - Beauty Culture, What Included In Term
Establishments or places of business where work is done for, with or without compensation by any person, which work is usually performed by hairdressers,...
- Section 40:48-2.3 - Unfit Buildings In Municipalities; Exercise Of Police Power Authorized
It is hereby found and declared that the existence or occupation of any building or buildings, or parts thereof, in municipalities of this State...
- Section 40:48-2.3a - Repair, Demolition Of Damaged Buildings
Any building or buildings, or parts thereof, which have been damaged to such an extent that nothing remains but the walls, or parts of...
- Section 40:48-2.4 - Terms Defined
2.The following terms whenever used or referred to in this act shall have the following respective meanings for the purposes of this act, unless...
- Section 40:48-2.5 - Repair, Closing Or Demolition; Ordinance; Authorization For Order Of Public Officer; Summary Proceedings To Demolish Unsafe Building
Upon the adoption of a resolution finding that building conditions of the character described in section 1 hereof exist within a municipality, the governing...
- Section 40:48-2.5a - Building Deemed Unfit For Human Habitation, Occupancy, Use; Repairing, Demolition
4. Any building or buildings, or parts thereof, which have come into a state of disrepair through neglect, lack of maintenance or use, fire,...
- Section 40:48-2.5b - Designation Of "Emergency Demolition Fund", Acceptance Of Funds Therefor
5. a. Notwithstanding any law to the contrary, in any municipality where the governing body has appointed a public officer pursuant to the provisions...
- Section 40:48-2.6 - Standards
4. An ordinance adopted by a municipality under this act shall provide that the public officer may determine that a building is unfit for...
- Section 40:48-2.7 - Service Of Complaints And Orders
Complaints or orders issued by a public officer pursuant to an ordinance adopted under this act shall be served upon persons either personally or...
- Section 40:48-2.8 - Remedies
Any person aggrieved by an order issued by a public officer under this act may, within 30 days after the posting and service of...
- Section 40:48-2.9 - Additional Powers Of Public Officer
7. An ordinance adopted by the governing body of the municipality may authorize the public officer to exercise such powers as may be necessary...
- Section 40:48-2.10 - Administration Of Ordinance
The governing body of any municipality adopting an ordinance under this act shall as soon as possible thereafter prepare an estimate of the annual...
- Section 40:48-2.11 - Supplemental Nature Of Act
Nothing in this act shall be construed to abrogate or impair the powers of the courts or of any department of any municipality to...
- Section 40:48-2.12 - Severability
Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this act,...
- Section 40:48-2.12a - Authority Of Municipality To Regulate Buildings And Structures And Their Use And Occupancy
The governing body of any municipality may make, amend, repeal and enforce ordinances to regulate buildings and structures and their use and occupation to...
- Section 40:48-2.12a1 - Inspection Of Buildings.
2.No exemption from inspection pursuant to the provisions of statutory law shall prevent any municipality from adopting an ordinance to provide for the inspection...
- Section 40:48-2.12b - Additional Authority
The authority conferred by this act shall be in addition to authority heretofore or hereafter conferred on the governing bodies of municipalities in respect...
- Section 40:48-2.12c - Registration Of Owners Of Buildings And Structures Occupied By Two Or More Families
Any ordinance adopted pursuant to this act may provide for the registration of the owners and management of every building and structure in the...
- Section 40:48-2.12d - Service Of Notices
Any ordinance adopted pursuant to this act may provide for the service of notices under any ordinance of the municipality or under any State...
- Section 40:48-2.12e - Collection Of Fines And Penalties
Any ordinance adopted pursuant to this act may provide that in the event of the imposition of a fine or penalty by the municipal...
- Section 40:48-2.12f - Abatement Of Nuisance, Correction Of Defect, Etc., By Municipality; Lien Against Premises
Any ordinance adopted pursuant to this act may also provide that the municipality, by resolution of its governing body, may abate a nuisance, correct...
- Section 40:48-2.12g - Appointment Of Custodian By Municipality; Powers And Duties; Compensation
Any ordinance adopted pursuant to this act may also provide for the appointment of a custodian of any such building or structure on behalf...
- Section 40:48-2.12m - Residential Rental Property; Certificate Of Inspection Or Occupancy Prior To New Occupancy; Authorization For Ordinance
The governing body of a municipality may adopt ordinances regulating the maintenance and condition of any unit of dwelling space, upon the termination of...
- Section 40:48-2.12n - Findings, Determinations, Declarations.
1.The Legislature finds, determines and declares: a.Many of the municipalities in this State, and the residents thereof, have experienced disturbances, damage and public expense...
- Section 40:48-2.12o - Definitions.
2.As used in this act: "Hearing officer" means a person designated pursuant to subsection b. of section 3 of P.L.1993, c.127 (C.40:48-2.12p) to hear...
- Section 40:48-2.12p - Ordinance Holding Landlords To Standards Of Responsibility.
3. a. The governing body of any municipality may enact an ordinance holding landlords to standards of responsibility in the selection of tenants and...
- Section 40:48-2.12q - Provisions Of Ordinance On Rentals.
4.An ordinance adopted under authority of this section shall provide: a.If in any twenty-four-month period a specified number, which shall not be less than...
- Section 40:48-2.12r - Complaints, Proceedings Against Landlord, Recovery From Tenant.
5. a. If during the period for which a landlord is required to give security pursuant to section 4 of P.L.1993, c.127 (C.40:48-2.12q) a...
- Section 40:48-2.12s - Ordinances To Regulate Care, Maintenance, Security, And Upkeep Of Certain Residential Properties.
1. a. The governing body of any municipality may adopt ordinances to regulate the care, maintenance, security, and upkeep of the exterior of vacant...
- Section 40:48-2.12t - Senior Citizen Priority Parking Program Created By Municipality.
1. a. The governing body of a municipality, by resolution, may create a Senior Citizen Priority Parking Program to provide senior citizens age 60...
- Section 40:48-2.13 - Removal, Destruction Of Brush, Weeds, Debris, Etc.; Ordinance Authorized
1. The governing body of every municipality shall have power to make, enforce, amend and repeal ordinances requiring the owner or tenant of a...
- Section 40:48-2.13a - Municipal Ordinance Requiring Solid Waste Removal
1. The governing body of a municipality may make, enforce, amend and repeal an ordinance requiring the owner or tenant of a dwelling or...
- Section 40:48-2.14 - Cost For Removal; Lien
2. In all cases where brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris are destroyed...
- Section 40:48-2.16 - Monument, Memorial To Commemorate Service Of Armed Forces.
1.The governing body of any municipality may, by resolution, provide for the construction and erection of a monument or memorial of a permanent character...
- Section 40:48-2.17 - Expenditures; Duly Sworn Claim Required
In the event that any such ordinance provides for a contribution in accordance with the provisions of this act, no money shall be expended...
- Section 40:48-2.26 - Brush And Hedges Near Roadways And Intersections, Cutting Of
The governing body of every municipality shall have power to make, enforce, amend and repeal ordinances requiring the owner or tenant of lands lying...
- Section 40:48-2.27 - Cost Of Cutting Brush And Hedges; Charging Against Lands; Lien
In all cases where brush, hedges and other plant life are cut from any lands within the limitations of section one hereof under any...
- Section 40:48-2.28 - Fire Prevention Ordinances Authorized
In addition to powers granted pursuant to article 1 of chapter 48 of Title 40 of the Revised Statutes, the governing body of any...
- Section 40:48-2.29 - Designation Of Enforcement Officials; Right Of Entry For Inspection Purposes; Educational Program Relating To Space Heaters
Any ordinance adopted pursuant to this act shall designate the municipal officials responsible for enforcing the provisions of the ordinance and may provide that...
- Section 40:48-2.30 - Ordinance To Provide What Constitutes A Nuisance.
3. The ordinance shall provide that the installation, maintenance or use of such equipment or facilities, which by reason of type, installation, or place...
- Section 40:48-2.31 - Discovery Of Nuisances; Written Notice To Remove Or Abate
Whenever the municipality by inspection or otherwise discovers a nuisance as provided in section 3 of this act, notice in writing shall be given...
- Section 40:48-2.32 - Inspection Contracts With Volunteer Fire Companies; Agents Of Municipality
The governing body of a municipality may contract with a volunteer fire company or companies to perform inspections pursuant to this act and in...
- Section 40:48-2.33 - Refusal To Permit Inspection; Continuance Of Nuisances; Penalties
The ordinance shall provide that any person who refuses to permit an authorized representative of the municipality to enter upon the premises and make...
- Section 40:48-2.39 - Licensed Premises For Retail Sale Of Alcoholic Beverages; Purchase Or Condemnation; Retirement Of License
In any case in which a municipality acquires by purchase or condemnation any real estate within the municipality which includes any licensed premises for...
- Section 40:48-2.40 - Alcoholic Beverage Retail Consumption Licenses; Reduction Of Number
The governing body of any municipality in which the number of existing alcoholic beverage retail consumption licenses exceeds one for each 2,000 of its...
- Section 40:48-2.41 - Maximum Amount Payable For Transfer To Municipality; Limitation On Reduction; Reissuance
No such contract shall authorize payment to the licensee for transfer of the license to the municipality of a sum in excess of $30,000.00...
- Section 40:48-2.42 - Increase In Annual License Fees; Disposition Of Proceeds
Any ordinance authorizing the acquisition of licenses pursuant to this act may provide for an increase in the annual license fees for all retail...
- Section 40:48-2.43 - Indebtedness To Finance Retirement Of Licenses
Any municipality adopting an ordinance pursuant to this act may, by bond ordinance, incur indebtedness, borrow money and authorize and issue its negotiable obligations...
- Section 40:48-2.45 - Effect Of Act Upon Section 40:48-2.39
Nothing in this act shall affect the authority of a municipality to acquire and retire licenses pursuant to P.L.1966, chapter 317. L.1968, c. 277,...
- Section 40:48-2.46 - Traffic And Parking Of Vehicles In Public Parking Yards And Parking Places; Regulation
In addition to the powers conferred to a municipality under section 39:4-197 of the Revised Statutes concerning the adoption of ordinances for the regulation...
- Section 40:48-2.47 - Snow And Ice Removal From Private Street Open To Public; Penalties; Taxation Of Costs Of Removal By Municipality; Lien
The governing body of any municipality may make, amend, repeal and enforce ordinances to compel the owner of certain real property on which there...
- Section 40:48-2.48 - Real Property Of Camp Meeting Association; Sanitary Sewerage Facilities; Assessment
Whenever any real property owned by and controlled by any camp meeting association heretofore or hereafter incorporated under any laws of this State shall...
- Section 40:48-2.49 - Regulation Of Operators Engaged In Removal Of Motor Vehicles.
1.Notwithstanding the provisions of section 1 of P.L.1973, c.137 (C.39:4-56.6) or any other law, a municipality may regulate, by ordinance, the removal of motor...
- Section 40:48-2.50 - Fee Limits
All fees to be paid to an operator by a municipality for the storage of removed motor vehicles shall not exceed the following: (1)...
- Section 40:48-2.51 - Penalty For Violation Of Fee Limits
An operator engaged in the removal of motor vehicles, or any employee, officer or agent thereof, who engages in a pattern or practice of...
- Section 40:48-2.52 - Definitions Relative To Adoption Of Curfew Ordinances For Juveniles.
2. a. As used in this act: (1)"Juvenile" means an individual who is under the age of 18 years. (2)"Guardian" means a person, other...
- Section 40:48-2.53 - Address Registration By Certain Property Owners Required; "Real Property" Defined
1. a. A municipality is hereby authorized and empowered to enact an ordinance requiring an owner of real property situated within the municipality to...
- Section 40:48-2.54 - Model Schedule Of Towing, Storage Services Adopted By Municipality, County.
3. a. The governing body of a municipality or county which requires the towing and storage of motor vehicles without the consent of the...
- Section 40:48-2.56 - Recreation Trust Fund, Creation, Use
2.Any county or municipality which has not established a board of recreation commissioners may, by resolution, establish a recreation trust fund into which shall...
- Section 40:48-2.57 - Municipal Remediation Ordinances, Inapplicability To Sites Under Dep Oversight.
1.No ordinance governing the investigation or cleanup of historic pesticide contamination adopted by the governing body of a municipality shall apply to any property...
- Section 40:48-2.58 - Municipality Prohibited From Limiting, Prohibiting Display Of U. S. Flag, Yellow Ribbons, Signs In Support Of Troops
1. a. The governing body of a municipality shall not adopt or enforce any ordinance or resolution, as appropriate, limiting or prohibiting the display...
- Section 40:48-2.59 - Municipal Powers To Abate Graffiti.
2. a. The governing body of every municipality may make, amend, repeal, and enforce ordinances to prohibit acts of graffiti on buildings, structures and...
- Section 40:48-2.60 - Definitions Relative To Charitable Clothing Bins.
1.For the purposes of P.L.2007, c.209 (C.40:48-2.60 et seq.), "solicitation" or "solicit" means the request, directly or indirectly, for money, credit, property, financial assistance,...
- Section 40:48-2.61 - Requirements For Placement, Use Of Clothing Bin For Solicitation Purposes.
2.Notwithstanding any other provision of law to the contrary, no person shall place, use, or employ a donation clothing bin, for solicitation purposes, unless...
- Section 40:48-2.62 - Receipt, Investigation Of Complaints Relative To Donation Clothing Bin.
3.The appropriate municipal agency within the municipality in which a donation clothing bin has been placed shall receive and investigate, within 30 days, any...
- Section 40:48-2.63 - Additional Penalties, Remedies.
4.In addition to any other penalties or remedies authorized by the laws of this State, any person who violates any provision of P.L.2007, c.209...
- Section 40:48-2.64 - Effective Date; Applicability.
5.This act shall take effect on the first day of the thirteenth month following enactment, and shall apply to all donation clothing bins in...
- Section 40:48-2.65 - Definitions; Impoundment Of Shopping Carts By Municipalities.
1. a. As used in this section: "Shopping cart" means a push cart of the type or types which are commonly provided by grocery...
- Section 40:48-2.66 - Permission Required For Posting, Display Of Certain Advertisements.
1. a. A person shall not post or otherwise display any temporary commercial or business advertisement, to induce directly or indirectly any person to...
- Section 40:48-3 - Power To Do Work Where Owner Refuses; Procedure
When, by this subtitle, the governing body of any municipality is given power to order the owner of any real estate therein, to make...
- Section 40:48-4 - Plants Or Facilities For Public Use Or Benefit
Any municipality may provide, maintain and operate public baths, employment agencies, comfort stations, watering troughs, warehouses, slaughterhouses, and any other plant or facility for...
- Section 40:48-4.1 - Legislative Findings
The Legislature hereby finds and declares that: a. Because of their economic situation, many senior citizens' basic local transportation needs are unmet. b. By...
- Section 40:48-4.2 - Definitions
As used in this act, unless the context indicates a different meaning: a. "Motor bus carrier" means and includes any individual, copartnership, association, corporation...
- Section 40:48-4.3 - Municipalities Between 200,000 And 300,000; Contracts With Motor Bus Carriers; Reduced Fares For Senior Citizens
The governing body of any municipality having a population of more than 200,000 and less than 300,000 may enter into contracts with any motor...
- Section 40:48-4.4 - Contracts; Conditions, Terms And Provisions
Each contract entered into in accordance with the provisions of this act shall contain conditions, terms and provisions as the municipality may require including,...
- Section 40:48-4.5 - Payments To Motor Bus Carrier
Each contract entered into in accordance with the provisions of this act shall obligate the municipality to pay to the motor bus carrier an...
- Section 40:48-4.6 - Rules And Regulations; Investigations; Access To Property, Books, Records, Or Documents
In order to carry out the purposes of this act, the municipality may make such reasonable rules and regulations as they may deem necessary...
- Section 40:48-4.7 - Appropriations By Municipality; Application For And Receipt Of Grants From Other Sources
The governing body of any municipality having a population of more than 200,000 and less than 300,000 which enters into such contracts may make...
- Section 40:48-4.8 - Exemption From Regulation And Jurisdiction Of Board Of Public Utility Commissioners
Notwithstanding the provisions of any other law of this State to the contrary, contracts for passenger service for senior citizens pursuant to this act...
- Section 40:48-4.9 - Municipalities Between 103,000 And 125,000; Grants For Ambulance Or Emergency Rescue Services
The governing body of any city of the second class in a county of the second class with a population in excess of 103,000...
- Section 40:48-4.10 - Findings, Declarations.
The Legislature finds and declares that many senior citizens and handicapped citizens of this State need to be provided with transportation services to obtain...
- Section 40:48-4.11 - Senior, Handicapped Citizens Defined
For the purposes of this act, unless the context clearly indicates otherwise: a. "Senior citizen" means any individual 62 years of age or over....
- Section 40:48-4.12 - Municipalities To Provide Service
Notwithstanding any provision to the contrary in the "County Transportation Authorities Act," P.L. 1980, c. 44 (C. 40:35B-1 et seq.), any municipality may purchase...
- Section 40:48-4.13 - Not Used For Hire
The use of municipally owned buses, vans or other motor vehicles for transportation of senior citizens and handicapped citizens pursuant to this act shall...
- Section 40:48-5 - Private Contracts Generally
When, under any provision of this subtitle, any municipality is authorized to render any service to the public, it may, in lieu of providing...
- Section 40:48-5a - Contract For Collection Services Between Municipality, Private Entity.
1.The governing body of any municipality may enter into contract with a private agency or firm for the purpose of collecting delinquent fees, fines,...
- Section 40:48-5.1 - Contracts With Humane Societies Where No Pound Established; Advertisement Unnecessary
Whenever in any municipality there shall not be established under municipal authority a public pound for the keeping of stray dogs, cats or other...
- Section 40:48-5.2 - Contracts For Separation Of Grades At Railroad Crossings
Every municipality shall have power to enter into and perform contracts with any railroad company for the separation of grades where any railroad crosses...
- Section 40:48-5.3 - Exhibitions Of Products And Industries; Poultry Or Agricultural Exhibitions
Every municipality shall have power to prepare, maintain and display any exhibition of the products and industries of the municipality, or any poultry or...
- Section 40:48-5.4 - Celebration Of Public Event, Anniversary Or Holiday
Every municipality shall have power to provide for the celebration at public expense of any public event, anniversary or holiday.
- Section 40:48-5.9 - Legislative Findings
The Legislature hereby finds, determines and declares: a. That P.L.1971, c. 221 was enacted for the purpose of providing an immediate and temporary cessation...
- Section 40:48-5.10 - Amendment Of Permission Granted By Municipality To Comply With Federal Regulations
Nothing in the act to which this act is a supplement shall be construed to prevent any municipality from amending the terms of any...
- Section 40:48-5.11 - Right Of Municipality To Grant Permission For Interconnection Of Systems In Operation Prior To June 17, 1971
Nothing in the act to which this act is a supplement shall be construed as preventing any municipality from granting any permission or authorization...
- Section 40:48-6 - Records Kept And Business Conducted In Municipal Building; Vaults
When any municipality maintains a municipal building, or rooms or space for the use and purposes of the municipal government, owned or leased by...
- Section 40:48-7 - Power Of Taxation; Generally
Any municipality may raise by taxation in the method prescribed by law all money necessary to pay for any improvement or property which it...
- Section 40:48-7.1 - Tax Credit For Properties With Service Charges Payable To Other Municipality
Whenever any municipality undertakes the construction and installation of sewerage facilities within the municipality as a general improvement to be paid for by general...
- Section 40:48-8.15 - Retail Sales Tax In Fourth Class Cities
Any city of the fourth class in this State is authorized and empowered to enact an ordinance or ordinances for the purposes of increasing...
- Section 40:48-8.16 - Tax Act Definitions
As used in this act: "Retail sale" or "sale at retail" means and includes: (1) Any sale in the ordinary course of business for...
- Section 40:48-8.16a - Definitions
As used in this act: a. "Convention hall" means a convention hall facility provided by a county improvement authority pursuant to the provisions of...
- Section 40:48-8.17 - Maximum Tax Rates
Any such ordinance may impose such tax at a rate not to exceed 3% from July 1, 1981 through December 31, 1981; and at...
- Section 40:48-8.18 - Exemptions From Sales Tax
No such tax sale shall be imposed: (a) upon any isolated transaction not made in the ordinary course of repeated and successive transactions of...
- Section 40:48-8.19 - Collection Of Sales Tax; Penalties
Such ordinance shall provide for the collection of such tax by an officer of such municipality who shall be designated in such ordinance; shall...
- Section 40:48-8.20 - Ordinance; Provisions Required
Every ordinance imposing a tax under the authority of this act shall contain the following provisions: (a) all taxes imposed by such ordinance shall...
- Section 40:48-8.21 - Disposition Of Sales Taxes
All revenues collected under any such ordinance by the Director of the Division of Taxation pursuant to section 1 of P.L.1980, c. 60 (C....
- Section 40:48-8.21a - Convention Hall Facility; Operating Deficiency; Payment From Tax Revenues; Limitations; Conditions
Notwithstanding the provisions of P.L.1981, c. 461 (C. 40:48-8.16a et al.), the State Treasurer may apply an amount not to exceed 1/6 of the...
- Section 40:48-8.22 - Territorial Limits Of Sales Tax
Any tax imposed under the authority of any such ordinance shall have application only within the territorial limits of such municipality and shall be...
- Section 40:48-8.23 - Sales Originating Or Consummated Outside City
No such tax shall be imposed on any sale or transaction originating or consummated, or both, outside such municipality, notwithstanding that some act be...
- Section 40:48-8.24 - Nonresidents
No such tax shall be imposed on a nonresident of such municipality or on account of any sale or transaction by or with a...
- Section 40:48-8.25 - Referendum
Any ordinance adopted pursuant to the provisions of this act shall, before the same becomes operative, be submitted by the governing body of the...
- Section 40:48-8.25a - Ordinance To Adopt Provisions Of This Amendatory And Supplementary Act; Referendum Not Necessary
In any municipality in which the provisions of the act of which this act is amendatory and supplementary is presently operative pursuant to an...
- Section 40:48-8.25b - Ordinance And Referendum Adopting Provisions Of Act; Approval By Voters
In any municipality in which the provisions of P.L.1947, c. 71 (C. 40:48-8.15 et seq.) are presently operative pursuant to an ordinance and referendum...
- Section 40:48-8.26 - Ballots For Referendum Election
The ballots to be used at such election shall be in substantially the following form: "To vote upon the public question printed below, if...
- Section 40:48-8.27 - Duration Of Sales Tax Ordinance
If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid...
- Section 40:48-8.28 - Cost Of Referendum Election
If the ordinance so submitted shall be adopted by the voters of the municipality, the cost of such election shall be paid from the...
- Section 40:48-8.29 - Ordinance Operative Without Referendum; Validity Of Ordinance To Protect Bondholders
In any municipality in which the provisions of the act of which this act is amendatory and supplementary are presently operative pursuant to an...
- Section 40:48-8.29a - Ordinances; Adoption Of Supplementary Act; Operative Without Voter Approval; Covenant Not To Reduce Or Repeal Tax
In any municipality in which the provisions of P.L.1947, c. 71 (C. 40:48-8.15 et seq.) are presently operative pursuant to an ordinance and referendum...
- Section 40:48-8.30 - Fund For Repository Of Moneys Paid To State Treasurer
There is created a fund to be held by the State Treasurer, but not to exist in the State Treasury, to be the repository...
- Section 40:48-8.30a - Use Of Revenues
a. Beginning July 1, 1981, and until such time as the conditions set forth in subsection b. of this section are met, the revenues...
- Section 40:48-8.31 - Deposit Of Revenues; Dedication And Pledge
In the fiscal year beginning on July 1, 1981 and such fiscal year thereafter, the State Treasurer shall deposit the revenues to be paid...
- Section 40:48-8.32 - Deposit Of Revenues In Fund; Disposition
Beginning July 1, 1981, the revenues paid over to the State Treasurer pursuant to the provisions of section 3 of this amendatory and supplementary...
- Section 40:48-8.33 - Issuance Of Notes Or Bonds For Authorized Facility In Eligible Municipality Or Revolving Fund By County Improvement Authority; Review And Approval By Local Finance Board; Filing; Conditions; Report On Tax Revenues
(a) Prior to the adoption of any resolution of a county improvement authority authorizing the issuance of notes or bonds for an authorized facility...
- Section 40:48-8.33a - Bonds, Notes, Or Lease For Convention Hall Facility; Report After Issuance; Notice To Director Of Division Of Local Government Services; Certification; Payment
a. Within 30 days after the issuance of any bonds or notes for, or the execution of a lease in connection with, the acquisition,...
- Section 40:48-8.34 - Resolution Of County Improvement Authority; Certification By Endorsement By Director Of Division Of Local Government Services
At any time within 1 year after an approval by the Local Finance Board pursuant to section 8 of P.L.1979, c. 273 (C. 40:48-8.34)...
- Section 40:48-8.35 - Approval And Resolution; Submission To State Treasurer
A copy of the approval of the Local Finance Board referred to in section 8 of this amendatory and supplementary act and a copy...
- Section 40:48-8.36 - Application For Change In Maturity Schedule Of Bonds
If the county improvement authority shall determine by resolution that the maturity schedule for bonds entitled to the benefits of this amendatory and supplementary...
- Section 40:48-8.37 - Recitals In Bonds And Notes; Limitation On Maturity
All of such bonds or notes when issued shall contain a recital to the effect that they are issued pursuant to the "county improvement...
- Section 40:48-8.38 - Issuance Of Notes In Anticipation Of Issuance Of Permanent Bonds
Any county improvement authority which has authorized bonds which are entitled to the benefits of this act may issue temporary notes or loan bonds,...
- Section 40:48-8.39 - Certification Of Amounts For Annual Debt Service And Reserve Fund And Paying Agent; Conclusiveness; Payment Of Deficiency
Except as otherwise provided in section 7 of P.L.1981, c. 461 (C. 40:48-8.33a), within 10 days after issuance of any bonds or notes entitled...
- Section 40:48-8.40 - Payments From Fund To Paying Agents; Limitations On Use
a. All amounts to be paid from the fund established herein under the provisions of this act with respect to any county improvement authority...
- Section 40:48-8.42 - Bank Or Trust Company As Paying Agent
No bonds or notes entitled to the benefits of this amendatory and supplementary act shall be issued unless there is designated therefor a trustee...
- Section 40:48-8.43 - Pledge Or Dedication Of Revenues, Moneys Or Funds Held By State Treasurer; Validity; Lien
Any pledge or dedication of revenues, moneys or funds held by the State Treasurer made by the county improvement authority by such resolution or...
- Section 40:48-8.44 - Eligible Municipality Defined
For purposes of this amendatory and supplementary act, "eligible municipality" means any municipality imposing a tax under an ordinance adopted under this act. L.1979,...
- Section 40:48-8.45 - Definitions
1. As used in this act: a. "Convention center operating authority" means, in the case of any eligible municipality, the public authority or other...
- Section 40:48-8.46 - Promotional Fees
2. There is authorized to be imposed on and collected from hotels in an eligible municipality, fees for the promotion of tourism, conventions, resorts...
- Section 40:48-8.47 - Proceeds From Promotional Fees
3.Except as provided by P.L.2001, c.221 (C.5:12-173.9 et al.), proceeds from the fees collected in any eligible municipality pursuant to this act shall be...
- Section 40:48-8.48 - Fees Adopted By Resolution
4. Fees under this act with respect to any eligible municipality shall be adopted by resolution of the convention center operating authority operating convention...
- Section 40:48-8.49 - Fees; Collection, Administration
5. The fees under this act shall be collected and administered by the director, notwithstanding the provisions of any other law to the contrary....
- Section 40:48-9 - Appropriations To Civil War Organizations; Purposes
Any municipality may make appropriations to a post of the Grand Army of the Republic, and if there be no such post in the...
- Section 40:48-9.1 - Appropriations For Expenses Of War Price And Rationing Boards; Validation Of Appropriations Made
It shall be lawful for any municipality to appropriate moneys for the expenses of any rationing board or local war price and rationing board;...
- Section 40:48-9.4 - Contributions To Nonprofit Corporation Operating Senior Citizens Center
Any municipality or county may make an annual, voluntary contribution to any nonprofit corporation, which operates a senior citizens' center anywhere in the State,...
- Section 40:48-9.4a - Annual Appropriation To Nonprofit Organizations For Treatment And Rehabilitation Of Certain Persons.
1.The governing body of any municipality may appropriate annually to any approved, privately operated, nonprofit organization whose services are nonsectarian, funds for the purpose...
- Section 40:48-9.4b - Account Of Expenditure Of Funds
The governing body of any municipality adopting the provisions of this act may require organizations receiving funds so appropriated by the municipality to fully...
- Section 40:48-9.10 - Snow And Ice Removal; First Aid And Emergency Or Volunteer Ambulance Or Rescue Squad Association Or Volunteer Fire Companies Premises
The governing body of any municipality may, at the expense of said municipality, remove or provide for the removal of snow and ice from...
- Section 40:48-9.11 - Cost Of Snow And Ice Removal; Option Of Municipality
The cost of the removal of such snow and ice may, at the option of the municipality removing, or providing for the removal of...
- Section 40:48-9.12 - Historic Place Or Site; Expenditure Of Federal Aid To Preserve Or Rehabilitate
Any municipality may expend public funds received by the municipality under the Housing and Community Development Act of 1974, 42 U.S.C. 5303-5317 (1974), as...
- Section 40:48-9.13 - Municipality With Nuclear-powered Electric Generating Facility; Appropriation And Grant To County Or Other Municipality
The governing body of any municipality wherein is located a nuclear-powered electric generating facility is hereby authorized to appropriate and grant to the governing...
- Section 40:48-9.14 - Appropriations By Municipality Authorized
2. The governing body of any municipality may annually appropriate funds in support of the Vietnam Veterans' Memorial Foundation in support of the development,...
- Section 40:48-9.15 - Findings, Declarations Relative To Disaster Relief Funding Programs; Authorization Of Grant Programs.
2. a. The Legislature finds and declares that there may be circumstances when it is desirable for municipalities to supplement federal and State disaster...
- Section 40:48-17.1 - Surplus Revenues Or Anticipated Receipts; Use For School Purposes; Budget
When any municipality, the boundaries of which are identical with the boundaries of the local school district, shall have on hand surplus revenue unappropriated...
- Section 40:48-17.2 - Repeal
Section 40:148-4 of the Revised Statutes is hereby repealed. L.1941, c. 14, p. 26, s. 2, eff. Feb. 28, 1941.
- Section 40:48-17.3 - Surplus Revenues Or Anticipated Receipts; Use For School Purposes; Budget
When any municipality, whose territory is included in a school district composed of two or more municipalities, shall have on hand surplus revenue unappropriated...
- Section 40:48-17.5 - Financing Project; Bonds; Use Of Proceeds To Repay Federal Advances
Before undertaking any public project for which plans are prepared in accordance with such an agreement, the municipality shall, either by an appropriation lawfully...
- Section 40:48-17.6 - Definitions
As used in this act, "municipality" shall mean any city, borough, village, town, township or other municipality other than a county or a school...
- Section 40:48-17.7 - Establishment Of Special Reserve Accounts For School Building Construction; Transfer Of Funds
Any municipality may by ordinance establish a special reserve account for the construction of new school buildings by the board of education of the...
- Section 40:48-17.8 - Transfer Of Funds To School District
When any municipality having a tax levy for municipal purposes of $0.10 or less per $100.00 of equalized valuation and in which the board...
- Section 40:48-18 - Joint Municipal And County Work; Referendum When A Public Utility
The governing body of any municipality may by contract join with the board of chosen freeholders of the county in which it is located...
- Section 40:48-19 - Joint Contract For Work; Amendments
Such contracts shall set forth the proportion of the cost each party thereto shall assume and specify all the details of the management of...
- Section 40:48-20 - Joint Acquisition Of Lands, Buildings And Equipment; Officers And Employees
For the purpose of carrying into execution any such joint contract any municipality, as a party thereto, may acquire lands as tenants in common...
- Section 40:48-21 - Financing Joint Project
Any municipality may raise and disburse all necessary money, either by taxation, the assessment of special benefits, or the issuance of bonds, in the...
- Section 40:48-22 - Organization Of Municipalities For Mutual Welfare; Officers
Any municipality, by resolution of its governing body, may join with any other municipality or municipalities in the formation of an organization of municipalities,...
- Section 40:48-23 - Representation In Joint Organization; Contribution To Support; Representative's Expenses
Any municipality which shall join such an organization may, by its governing board, designate the mayor or other chief executive officer of the municipality,...
- Section 40:48-24 - Special Meetings Of Governing Body
The presiding officer of the governing body may call special meetings thereof when, in his opinion necessary or expedient; and upon the written request...
- Section 40:48-25 - Municipal Investigation Committees; Power To Issue Subpoenas; Service Of
When the governing body of a municipality shall have appointed a committee of its members upon any subject or matter within its jurisdiction, the...
- Section 40:48-26 - Refusal Of Witness To Testify; Punishment By Superior Court
If any person subpoenaed shall fail to obey the subpoena, or to give testimony, or to answer a proper question, or to produce any...
- Section 40:48-28 - Oaths Administered; Perjury
A member of the committee may administer oaths to all witnesses appearing before it. A person who shall willfully and corruptly testify falsely to...
- Section 40:48-29 - Fees And Mileage
Witnesses subpoenaed for such investigation shall be entitled to receive the same fees and mileage as witnesses in civil actions, to be paid out...
- Section 40:48a-1 - Acquisition, Construction And Maintenance Of Public Improvements, Works, Etc. Within Grounds Of Certain Camp Meeting Associations
Whenever the lands or grounds owned by and controlled by any camp meeting association heretofore or hereafter incorporated under the laws of this State...
- Section 40:48b-1.1 - Definitions
The following terms wherever used or referred to in this act shall have the following respective meanings: (1) "Governing body" shall mean the commission,...
- Section 40:48b-2.1 - Joint Meetings; Powers And Authority
a. The joint meeting shall be a public body corporate and politic constituting a political subdivision of the State exercising public and essential governmental...
- Section 40:48b-4.1 - Contracts For Joint Provision Of Law Enforcement Services
3. Whenever the governing bodies of two or more local units enter into a joint contract as provided in P.L.1952, c.72 (C.40:48B-1 et seq.)...
- Section 40:48b-4.2 - Merging Of Bargaining Units
4. Where bargaining units are merged which have contracts negotiated in accordance with the provisions of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100...
- Section 40:48b-14 - Office Of Joint Municipal Tax Assessor; Establishment
1. The governing bodies of any two or more municipalities may, by substantially similar resolutions duly adopted by each of such governing bodies within...
- Section 40:48b-15 - Appointment Of Joint Municipal Tax Assessor, Personnel; Apportionment Of Operating Costs
2. The governing bodies of the participating municipalities shall, by agreement, provide for the appointment of a joint municipal tax assessor and other necessary...
- Section 40:48b-16 - Term; Reappointment; Removal
The office of joint municipal tax assessor shall consist of a tax assessor and such subordinate personnel as may be deemed necessary and proper...
- Section 40:48b-17 - Assessors Holding Office On Effective Date Of This Act
Any assessor of any municipality which has combined to form an office of joint municipal tax assessor hereunder, and who, on the effective date...
- Section 40:48b-18 - Employees Deemed Employees Of Municipality Having Largest Apportionment Valuation On Effective Date Of Act
All employees in the office of joint municipal tax assessor shall be deemed to be the employees of the municipality having the largest apportionment...
- Section 40:48b-19 - Function Of Assessor; Records
The assessment function of the joint municipal tax assessor shall be exercised in the same manner and to the same extent as though it...
- Section 40:48b-20 - Termination Of Joint Agreement
The joint agreement may be terminated upon the adoption of a resolution to that effect by the governing body of either of the municipalities...
- Section 40:48b-21 - Applicability Of Consolidated Municipal Service Act
The provisions of the Consolidated Municipal Service Act, P.L. 1952, c. 72 (C. 40:48B-1 et seq.), as amended, shall be applicable to the extent...
- Section 40:48c-1 - Imposition Of Taxes
1. Any municipality having a population in excess of 200,000 hereinafter referred to as "municipality," is hereby authorized and empowered to enact an ordinance...
- Section 40:48c-1.2 - Imposition Of Tax, Surcharge By Certain Municipalities.
2.Any municipality having a population of less than 125,000, but in excess of 100,000, according to the latest federal decennial census, is hereby authorized...
- Section 40:48c-1.3 - Parking Tax, Surcharge, Certain Municipalities.
2.Any municipality located in a county of the first class with a population density exceeding 10,000 persons per square mile, according to the latest...
- Section 40:48c-1.4 - Municipality Under Rehabilitation And Economic Recovery, Imposition Of Surcharge.
1.A municipality that has been under rehabilitation and economic recovery pursuant to the "Municipal Rehabilitation and Economic Recovery Act," P.L.2002, c.43 (C.52:27BBB-1 et al.)...
- Section 40:48c-1.5 - City Of Second Class Located In Certain Counties; Imposition Of Surcharge.
2.A municipality that is a city of the second class, that is located in a county of the second class, that has a population...
- Section 40:48c-1.6 - Surcharges Imposed; Use By Municipality.
3.An ordinance adopted by a municipality pursuant to section 1 or 2 of P.L.2013, c.284 (C.40:48C-1.4 or C.40:48C-1.5) shall impose in any such municipality...
- Section 40:48c-2 - Short Title
2. This act shall be known and may be cited as the "Local Tax Authorization Act." L.1970,c.326,s.2; amended 1981,c.507,s.1.
- Section 40:48c-3 - Definitions
As used in this article: (a) "alcoholic beverages" means liquors, wines, sparkling wines, and vermouth; (b) "liquors" means all distilled or rectified spirits, alcohol,...
- Section 40:48c-4 - Authorization; Rate
Any municipality is hereby authorized and empowered to enact an ordinance imposing the following taxes at the rates indicated on alcoholic beverages sold for...
- Section 40:48c-5 - Alcoholic Beverage Tax
5. No tax shall be imposed under any ordinance adopted pursuant to this article with respect to alcoholic beverages delivered to a taxpayer on...
- Section 40:48c-6 - Parking Tax; Special Event Parking Tax Surcharge.
6. a. Any municipality is hereby authorized and empowered to enact an ordinance imposing in any such municipality a tax, not to exceed 15%,...
- Section 40:48c-7 - Collection Of Taxes, Surcharges, Liability Of Collector; Payment To Municipality.
7. a. All taxes imposed by the ordinances authorized pursuant to section 6 of P.L.1970, c.326 (C.40:48C-6) shall be collected on behalf of the...
- Section 40:48c-14 - Definitions; Employer; Payroll
As used in this article: "Employer" means any individual, corporation, company, association, society, firm, partnership, joint stock company, trust, estate, or foundation standing in...
- Section 40:48c-15 - Authorization; Rate
Any municipality may by ordinance impose and collect an employer payroll tax for general municipal purposes of the municipality at a rate of 1%...
- Section 40:48c-16 - Ordinance; Contents.
16.Any ordinance adopted pursuant to this article shall: a.Require each employer to report his payroll for the preceding calendar quarter to an officer of...
- Section 40:48c-17 - Exemption Of Non-profit Corporations Or Associations
Any ordinance adopted pursuant to this article may, notwithstanding the definition of "employer" in section 2 of this act, provide that the term employer...
- Section 40:48c-18 - Liability Of Employer To Only One Municipality
No employer shall be obligated to report and pay an employer payroll tax, or any interest, penalty or costs with respect thereto, to more...
- Section 40:48c-19 - Imposition Of Municipal Payroll Tax.
19. No tax shall be imposed under any ordinance adopted pursuant to this article in a municipality that has not within two years prior...
- Section 40:48c-34 - Ordinances; Contents; Payment To Municipality; Use Of Funds; Effective Date Of Imposition Of Tax
a. Every ordinance imposing a tax pursuant to this act shall provide methods for reporting taxes due and providing for the collection thereof. All...
- Section 40:48c-35 - Tax As Debt Of Taxpayer; Action For Collection; Limitation Of Action
The taxes, interest and penalties imposed by any ordinance adopted pursuant to this act from the time the same shall be due shall be...
- Section 40:48c-36 - Issuance Of Certificate Of Indebtedness
36. As an additional remedy, the chief fiscal officer of the municipality adopting any ordinance hereunder may issue a certificate to the clerk of...
- Section 40:48c-37 - Interest And Penalties On Unpaid Tax
Except as otherwise provided in Articles 4 and 7 of this act, any ordinance adopted pursuant to this act shall provide that if for...
- Section 40:48c-38 - Appeal Of Determination Of Liability
Any aggrieved taxpayer may appeal any decision, order, finding, assessment or action of the chief fiscal officer of any municipality adopting an ordinance hereunder...
- Section 40:48c-39 - Failure To Make Report Or Allow Inspection; Failure To Disclose Amount Due
a. Any person who fails, neglects or refuses to make any report required by an ordinance adopted pursuant to this act, any person who...
- Section 40:48c-40 - Copy Of Ordinance To State Officers
The clerk of any municipality adopting an ordinance pursuant to this act shall, immediately following the adoption of the ordinance or any amendment thereof,...
- Section 40:48c-41 - Tax Exemption; Religious, Charitable Or Educational Institutions Or Organizations
No tax shall be imposed under any ordinance adopted pursuant to articles 2 through 8 of the "Local Tax Authorization Act of 1970" (C....
- Section 40:48c-42 - Inapplicability Of Exemption For Parking Taxes To Certain State Entities
3.Without limiting the applicability of the "Local Tax Authorization Act," P.L.1970, c.326 (C.40:48C-1 et seq.), the exemption provided in section 7 of P.L.1972, c.201...
- Section 40:48e-1 - Short Title
This act shall be known and may be cited as the "Hotel Occupancy Tax Act." L.1981, c. 77, s. 1.
- Section 40:48e-2 - Hotel Defined
As used in this act "hotel" means a building or portion of it which is regularly used and kept open as such for the...
- Section 40:48e-3 - Additional Tax May Be Imposed
The governing body of any city of the first class or the governing body of any city of the second class in which there...
- Section 40:48e-4 - Collection; Personal Liability Of Collector; No Separate Charge Or Statement To Customer Of Refund; Prohibition; Remission To Chief Fiscal Officer; Enforcement
a. The tax shall be collected on behalf of the city by the person collecting the use or occupancy charge from the hotel customer....
- Section 40:48e-5 - Hotel Owners, Tax Payments; Calculation, Refund.
5. a. Except as provided in subsection e. of this section, for any calendar year, the owner of a hotel shall be required to...
- Section 40:48e-6 - Tax In Addition To Sales And Use Tax
The tax imposed hereunder shall be in addition to the tax imposed by the "Sales and Use Tax Act" (P.L.1966, c. 30, C. 54:32B-1...
- Section 40:48f-1 - Hotel, Motel Tax Authorized, Certain.
3.The governing body of a municipality, other than a city of the first class or a city of the second class in which the...
- Section 40:48f-2 - Provisions Contained In Ordinance.
4.An ordinance imposing a tax adopted pursuant to the provisions of section 3 of P.L.2003, c.114 (C.40:48F-1) shall contain the following provisions: a.All taxes...
- Section 40:48f-3 - Collection Of Tax.
5. a. A tax imposed pursuant to a municipal ordinance adopted under the provisions of section 3 of P.L.2003, c.114 (C.40:48F-1) shall be collected...
- Section 40:48f-4 - Forwarding Of Tax Collected.
6. a. A person required to collect a tax imposed pursuant to the provisions of section 3 of P.L.2003, c.114 (C.40:48F-1) shall, on or...
- Section 40:48f-5 - Collection, Administration Of Tax.
7. a. The Director of the Division of Taxation shall collect and administer any tax imposed pursuant to the provisions of section 3 of...
- Section 40:48f-6 - Written Notification Of Nonpayment Of Taxes; Actions Of Municipality.
3. a. The State Treasurer shall annually provide to a municipality that has adopted an ordinance imposing the tax pursuant to section 3 of...
- Section 40:48f-7 - Rules, Regulations.
4.The State Treasurer shall promulgate such rules and regulations necessary to effectuate the provisions of P.L.2010, c.55 (C.40:48F-6 et al.) not later than the...
- Section 40:48g-1 - Definitions Relative To Surcharge On Admission Charges At Certain Major Places Of Amusement; Authorization, Contents Of Ordinance.
1. a. As used in this section: "admission charge" means the amount paid for admission, including any service charge and any charge for entertainment...
- Section 40:48g-2 - Definitions.
28. a. As used in this section: "Admission charge" means the amount paid for admission, including any service charge and any charge for entertainment...
- Section 40:48h-1 - Tax On Motor Vehicle Rentals To Finance Redevelopment Activities.
19. The Legislature finds that there exist in certain municipalities certain industrial, port, and airport areas which warrant redevelopment but do not presently generate...
- Section 40:48h-2 - Municipalities Permitted To Impose Tax On Rental Of Motor Vehicles; Definitions.
20. a. A municipality having a population in excess of 100,000 and within which is located a commercial airport which provides for a minimum...
- Section 40:48h-3 - Tax Proceeds Anticipated As Dedicated Revenues; Appropriation.
21. a. All tax proceeds required to be collected by the municipality pursuant to sections 19 through 27 of P.L.2009, c.90 (C.40:48H-1 et seq.)...
- Section 40:48h-4 - Noncompliance; Disorderly Person.
22. a. Any person having the obligation to collect any tax imposed under sections 19 through 27 of P.L.2009, c.90 (C.40:48H-1 et seq.) who...
- Section 40:48h-5 - Assignment Of Proceeds To Trustee.
23. An ordinance imposing a tax pursuant to sections 19 through 27 of P.L.2009, c.90 (C.40:48H-1 et seq.) may authorize the municipality to assign...
- Section 40:48h-6 - Issuance Of Bonds.
24. a. A municipality that has imposed a tax pursuant to section 20 of P.L.2009, c.90 (C.40:48H-2) may issue bonds to finance eligible purposes...
- Section 40:48h-7 - Bond Proceeds, Certain, Exempt From Taxation.
25. All bonds issued pursuant to section 24 of P.L.2009, c.90 (C.40:48H-6) are hereby declared to be issued by a political subdivision of this...
- Section 40:48h-8 - Covenant Of State With Bondholders.
26. The State of New Jersey does hereby pledge to, and covenant and agree with, the holders of any bonds issued pursuant to section...
- Section 40:48h-9 - Bonds, Notes, Obligations Presumed Fully Authorized.
27. After issuance, pursuant to sections 19 through 26 of P.L.2009, c.90 (C.40:48H-1 et seq.), all bonds, notes, or other obligations shall be conclusively...
- Section 40:49-1 - "Ordinance" And "Resolution" Defined
The term "ordinance" when used in this subtitle means and includes any act or regulation of the governing body of any municipality required to...
- Section 40:49-2 - Procedure For Passage; "Governing Body" Defined
40:49-2. Except as otherwise provided in R.S.40:49-6 and 40:49-12, the procedure for the passage of ordinances shall be as follows: a. Every ordinance after...
- Section 40:49-2.1 - Land Use Ordinances; Publication; Transmittal To Tax Assessor
In the case of any ordinance adopted pursuant to the "Municipal Land Use Law," P.L.1975, c. 291 (C. 40:55D-1 et seq.), including any amendments...
- Section 40:49-3 - Ordinances In Effect In 1917 Unaffected
L.1917, c. 152, Art. X, s. 2, p. 345 (1924 Suppl. s. *136-1002), being section 2 of Article X of an act entitled "An...
- Section 40:49-4 - Revision And Codification Of Ordinances
40:49-4. The governing body may provide, from time to time, for the revision and codification of its ordinances. Where there are two or more...
- Section 40:49-5 - Penalties For Violations Of Municipal Ordinances.
40:49-5. The governing body may prescribe penalties for the violation of ordinances it may have authority to pass, by one or more of the...
- Section 40:49-5.1 - Enactment Of Code By Reference
Any municipality may enact, amend or supplement ordinances, establishing, amending or supplementing rules and regulations affecting the construction, reconstruction or repair of buildings, ordinances...
- Section 40:49-5.2 - Publication Of Rules And Regulations Unnecessary, When
It shall not be necessary to publish any such rules and regulations, so to be adopted, as part of said ordinance, notwithstanding that a...
- Section 40:49-5.3 - Copy Of Code Annexed To Ordinance Considered Part Of Ordinance
For the purpose of proof of any such ordinance or the receipt thereof in evidence in all courts and places, such copy of said...
- Section 40:49-6 - Publication And Notice
Every ordinance providing for local improvements authorized by articles one and two of chapter fifty-six of this Title (s. 40:56-1 et seq.), or providing...
- Section 40:49-7 - Objections To Improvement; Passage Over Protest
No local improvement shall be undertaken by any municipality where objections thereto in writing are filed with the clerk of the governing body before...
- Section 40:49-8 - Review
The person or persons filing such objections may, however, within ten days after the passage of such ordinance, obtain a review of the determination...
- Section 40:49-9 - When Operative; Objections To Passage; Referendum And Notice Thereof
Any ordinance authorizing any improvement shall become operative ten days after the publication thereof after its final passage, unless within said ten days a...
- Section 40:49-10 - Time Of Election; Special Election; Ballot
Any proposition submitted to the voters of any municipality under the provisions of section 40:49-9 or of section 40:49-27 of this title shall be...
- Section 40:49-11 - Result Of Election; Resolution; Publication
The governing body shall adopt a resolution declaring the result of the election, which resolution shall be published once in the manner provided above...
- Section 40:49-12 - Referendum Unnecessary In Certain Cases
Sections 40:49-9 to 40:49-11 of this title shall not apply where the legal voters of any municipality shall have authorized the making of any...
- Section 40:49-13 - Alternative Procedure
The procedure for the passage of ordinances for the laying out, opening, straightening, establishing, widening, extending, altering, or changing in any manner the location...
- Section 40:49-14 - Reference To Officer Making Assessments; Map Prepared
Every such ordinance, after being introduced and having passed a first reading, shall be referred to the officer or board in the municipality charged...
- Section 40:49-15 - Estimate Of Damages And Expenses
The officer or board shall also ascertain, so far as practicable, the names of the owners of the real estate to be taken and...
- Section 40:49-16 - Hearing And Notice; Assessments Proportionate To Benefits
After hearings held upon notice, in the manner provided in chapter 56 of this title (s. 40:56-1 et seq.), in case of assessment for...
- Section 40:49-17 - Assessors' Report; Filing
Thereupon they shall, under their hands, make a report to the governing body of the municipality, certifying the facts ascertained as above required, the...
- Section 40:49-18 - Filing Of Report; Hearing; Notice Of Hearing
40:49-18. Upon the receipt of the report by the governing body, the same shall be filed by it, and it shall then, or at...
- Section 40:49-19 - Publication; Notice Mailed To Owners
The publication of the ordinance and notice shall be at least ten days prior to the time fixed for the consideration of said report...
- Section 40:49-20 - Hearing To Persons Interested
At the time and place so stated in such publication, or at any time and place to which the meeting or the further consideration...
- Section 40:49-21 - Awards For Damages Readjusted; Ordinance Amended
At the time and place so stated, or at any adjourned meeting thereof, the governing body shall consider and adjudicate upon all objections filed...
- Section 40:49-22 - Corrections To Report; Entry On Minutes; Certification
Any corrections made to the report shall be entered in full on the minutes of the governing body and a copy thereof, certified to...
- Section 40:49-23 - Republication Of Ordinance
At least two days prior to the time fixed for the further consideration for final passage of the ordinance, it shall be again published.
- Section 40:49-24 - Objections To Street Improvement; Passage Over Objections
No such local improvement shall be undertaken by any municipality where objections thereto in writing are filed with the municipal clerk, before the final...
- Section 40:49-25 - Review
Within ten days after the final passage of such ordinance the persons filing the objection provided in section 40:49-24 of this Title may obtain...
- Section 40:49-26 - Procedure After Passage Of Ordinance
When the procedure of this article shall have been adopted, all benefits shall be assessed, appeals taken, and other procedure had in accordance with...
- Section 40:49-27 - Debt-authorization Referendum Procedure
Any ordinance authorizing the incurring of any indebtedness, except for current expenses, shall become operative 20 days after the publication thereof after its final...
- Section 40:49-27a - Signatures
The signatures to a petition circulated pursuant to R.S. 40:49-27 need not all be appended to one paper, but each signer shall add after...
- Section 40:49-27b - Certification Of Petition
Within 10 days after the filing of the petition, the municipal clerk shall examine the same and ascertain whether or not it is signed...
- Section 40:49-27c - Notice Of Election.
If the ordinance is to be submitted to the voters, notice of the election shall be published at least once in a newspaper published...
- Section 40:50-14 - Water Supply And Sewerage Contracts; Abrogation By Ordinance
Whenever any municipality has heretofore or shall have hereafter entered into a contract for a supply of water for the public and private uses...
- Section 40:50-15 - Purchases Approved By Voters
If the question of making the purchase provided for by the contract to be abrogated had been submitted to the voters of the municipality...
- Section 40:50-16 - Host Community Benefit Agreements.
75. Host community benefit agreements between a municipality and an electric generating facility within the municipality shall be of full force and effect under...
- Section 40:52-1 - Power To License And Regulate.
40:52-1. The governing body may make, amend, repeal and enforce ordinances to license and regulate: a.All vehicles used for the transportation of passengers, baggage,...
- Section 40:52-1.1 - Proof Of Compliance With Section 34:15-71 Required; Revocation Of License For Failure
The governing body shall not issue or authorize the issuance of a license for circuses, carnivals or other traveling shows to be conducted out...
- Section 40:52-1.2 - Delinquent Property Taxes; Revocation, Suspension Of License
1. Except as provided herein, the governing body of a municipality may, by ordinance, as a condition for the issuance or renewal of any...
- Section 40:52-1.3 - Sales Tax Certificate Required For Licensing Of Certain Vendors
2. The governing body of a municipality shall not issue or authorize the issuance of a license to a vendor of tangible personal property,...
- Section 40:52-2 - License Fees Fixed; Penalties
The governing body may fix the fees for all such licenses, which may be imposed for revenue, and may prohibit all unlicensed persons and...
- Section 40:52-4 - Licensing Persons Selling Produce At Public Markets; Fee For Producers
A municipality may impose a license fee upon any person selling vegetables, green goods, farm produce, shrubbery, plants, bulbs, or products of the nursery...
- Section 40:52-7 - Additional Assessments
1. The governing body of any municipality is authorized to enact an ordinance or ordinances imposing an additional assessment to any fee imposed upon...
- Section 40:52-8 - Creation Of Fund
2. Every municipality adopting an ordinance or ordinances authorized by section 1 of P.L.1982, c.68 (C.40:52-7) shall create a fund, which shall be held...
- Section 40:52-9 - Definitions
1. As used in this act: "Licensing authority" means a municipal governing body or, in a municipality which has established a rooming or boarding...
- Section 40:52-10 - Licensing Of Rooming, Boarding Houses.
2.The governing body of a municipality may, by ordinance, elect to license rooming and boarding houses located in the municipality in accordance with the...
- Section 40:52-11 - Operation Of Rooming, Boarding House, License Required
3. a. Except as provided in subsection b. of this section, no rooming or boarding house shall hereafter be located or operated in any...
- Section 40:52-12 - Application For License; Fees
4. a. Application for a license under this act shall be made by the owner to the appropriate licensing authority. The application shall be...
- Section 40:52-13 - Conditions For Licensure.
5.It shall be the duty of the licensing authority to receive applications made pursuant to section 4 of this act and to conduct such...
- Section 40:52-14 - Conditions For Refusing License, Public Hearing
6. a. In conducting its investigations pursuant to section 5 of this act, a licensing authority shall hold a public hearing, at which the...
- Section 40:52-15 - Issuance, Renewal Of License
7. a. After the public hearing pursuant to section 6 of this act, the licensing authority shall determine, in accordance with the requirements under...
- Section 40:52-16 - Revocation, Non-renewal Of License.
8. a. A licensing authority may revoke or refuse to renew a license granted under this act for any of the following reasons: (1)A...
- Section 40:52-17 - Refusal To Grant, Renew License; Appeal
9. Upon determination by a licensing authority to refuse the granting or renewal of a license, or to revoke a license, the licensee affected...
- Section 40:52-18 - Licensing Authority, Establishment Of Rooming And Boarding House Site Licensing Board
10. a. In a municipality of less than 20,000 population, the licensing authority shall be the governing body of the municipality. b. In a...
- Section 40:53-1 - Official Newspaper Designated
The governing body of every municipality may designate an official newspaper or newspapers for the publication of all advertisements and notices required by law...
- Section 40:53-2 - Public Notices Generally; Publication
All ordinances or other public notices which any municipality, except cities, may be required by any law to publish, where the manner of publication...
- Section 40:54-1 - Establishment; Chapter Applicable To Libraries Established Under Other Laws
Any municipality may, in the manner hereinafter provided, establish a free public library within its corporate limits. Every library established under this chapter, and...
- Section 40:54-2 - Referendum
No such library shall be established in any municipality unless assented to by a majority of the legal voters of the municipality, at an...
- Section 40:54-3 - Referendum; Notice
The municipal clerk shall cause public notice of such general or special election to be given by advertisement, signed by himself and set up...
- Section 40:54-4 - Ballot; Form And Content
The officer charged with the duty of preparing the ballots for such election shall cause the question to be submitted to be printed on...
- Section 40:54-5 - Election Returns
The election officers of the municipality shall make a true and correct return of the result of such election in writing, under their hands,...
- Section 40:54-6 - Vote Required For Adoption
If a majority of the votes so counted shall be in favor of a free public library, the provisions of this article shall be...
- Section 40:54-7 - Rejection Of Proposition; Second Election
Where any municipality shall vote against the establishment of a free public library such vote shall not preclude the holding of another election, general...
- Section 40:54-7.1 - Dissolution Of Free Public Libraries.
1. a. Any free public library established by referendum pursuant to R.S.40:54-1 et seq., may be dissolved, provided the dissolution is approved by a...
- Section 40:54-8 - Library Tax.
40:54-8. Within every municipality governed by this article there shall annually be raised by taxation a sum equal to one-third of a mill on...
- Section 40:54-8.1 - Limitation On Increase In Amount Raised By Taxation.
5.Any increase in the amount raised by taxation for the municipal library as required by R.S.40:54-8 shall not exceed the total amount expended by...
- Section 40:54-9 - Trustees; Number, Appointment And Term; Alternates
Immediately upon the establishment by any municipality of a free public library under this article, a board of trustees shall be formed to consist...
- Section 40:54-10 - Vacancies; How Filled
Upon the expiration of the term of office of any trustee the mayor or other chief executive officer of the municipality shall appoint a...
- Section 40:54-11 - Trustees; Corporate Name; Organization; Officers; Certificate; Recording And Filing
The board of trustees shall be a body corporate under the name of "the trustees of the free public library of (name of municipality)"...
- Section 40:54-12 - Powers Of Board.
40:54-12. The board shall hold in trust and manage all property of the library. It may rent rooms, or, when proper, construct buildings for...
- Section 40:54-12.1 - Purchases Not Requiring Advertisements For Bids
The board of trustees of the free public library of any municipality or of a joint free public library may, within the limits of...
- Section 40:54-12.2 - Free Public Library Administrators, Duties
38. The director or other chief administrative officer of a free public library in any municipality shall: a. cause copies of the voter registration...
- Section 40:54-13 - Trustees; Treasurer; Bond And Duties
The treasurer of the board shall give bond in an amount to be fixed by the mayor in cities and by the governing body...
- Section 40:54-14 - Trustees; Compensation; Limitation On Amount Of Indebtedness
The trustees shall receive no compensation for their services, and shall not incur any expense or enter into any obligations to an amount in...
- Section 40:54-15 - Annual Report, Identification Of Excess Funds To Municipality, Transfer Procedure.
40:54-15. a. The board of trustees shall make an annual report to the chief financial officer of the municipality which shall include a statement...
- Section 40:54-16 - Appropriation For Furnishing
Any municipality that shall establish a library under the provisions of this article, or that has heretofore established a free public library pursuant to...
- Section 40:54-17 - Fines Expended For Library Purposes
The board of trustees of the free public library may use and expend for library purposes all moneys received from library fines and shall...
- Section 40:54-17.1 - Moneys From Operation Of Photocopy Machines
The board of trustees of a free public library may use and expend for library purposes all moneys received from the operation of photocopy...
- Section 40:54-18 - Use Of Money Paid By Library To Municipal Treasury
The governing body of any municipality may appropriate in the annual budget for the use of the free public library of such municipality a...
- Section 40:54-19 - Devises And Bequests To Trustees.
40:54-19. The board of trustees may receive, hold and manage any devise, bequest or donation heretofore made or hereafter to be made and given...
- Section 40:54-19.1 - Loan Of Funds Received As Gift Or Bequest
The board of trustees of the free public library may, upon the application of the governing body of the municipality, loan, upon "tax anticipation...
- Section 40:54-19.2 - Strict Compliance With Law In Making Loans Required
In the making of any loan authorized by the provisions of section one of this act the pertinent provisions of chapters one and two...
- Section 40:54-19.3 - Investment Of Funds; Regulation Of Bonds Or Securities
The board of trustees of the free public library may invest its funds in any interest-bearing obligations of the United States of America, or...
- Section 40:54-19.4 - Custody Of Securities; Report; Minutes
When any obligations or bonds purchased by the board of trustees are received by the board, the treasurer of the board shall immediately record...
- Section 40:54-19.5 - Income From Investments
All interest, income or profit which may be realized by the board of trustees from the investment, pursuant to this or any other act,...
- Section 40:54-20 - Gifts Of Works Of Art; Acceptance And Maintenance
Any free public library may accept gifts and bequests of paintings, statuary, ceramics and other art objects, and may care for and maintain them...
- Section 40:54-21 - Acceptance Of Conditional Gifts Generally
In any municipality in which there shall have been established a free public library pursuant to law, the governing body may, by resolution, accept...
- Section 40:54-22 - Custodian Of Gifts; Expenditure
Any gift or bequest, when accepted by the governing body of the municipality, shall be received by the treasurer or other corresponding officer of...
- Section 40:54-23 - Municipalities May Furnish Site Where Buildings Are Offered; Amount
When any person has offered or hereafter may offer to the board of trustees of the free public library of any municipality which shall...
- Section 40:54-24 - Purchase Of Site; Title
At any time after the acceptance of any such last-mentioned gift the trustees of the free public library in any such municipality may purchase,...
- Section 40:54-25 - Lands And Buildings; Purchase And Alteration; Financing; Title
When, in the judgment of the board of trustees of the free public library in any municipality that shall establish a library under the...
- Section 40:54-26 - Bond Issues
Any municipality that shall hereafter establish a library under the provisions of this article or has heretofore established a free public library pursuant to...
- Section 40:54-27 - Redemption Of Bonds
There shall be raised and levied annually by taxation in the municipality issuing such bonds a sum sufficient to pay the interest thereon and...
- Section 40:54-28 - Acquisition Of Lands By Condemnation
When the board of trustees of the free public library in any municipality desire to acquire any lands, improved or unimproved, either in whole...
- Section 40:54-29 - Transfer Of Books To Library
Any public board in any municipality wherein there is a free public library, or any department of the government of the municipality having under...
- Section 40:54-29.3 - Joint Free Public Libraries
Any two or more municipalities may unite in the support, maintenance and control of a joint free public library for the use and benefit...
- Section 40:54-29.4 - Apportionment Of Appropriations
The governing bodies of such municipalities shall propose such an undertaking by a joint library agreement, which shall provide for the apportionment of annual...
- Section 40:54-29.5 - Joint Library Agreement, Filing.
3.After the introduction of an ordinance approving such joint library agreement, which may be incorporated by reference therein, such agreement shall be and remain...
- Section 40:54-29.6 - Notification Of Governing Bodies After Adoption Of Ordinance; Submission Of Question To Voters
After the adoption of such ordinance, each governing body shall notify each of the other governing bodies proposing to unite in the joint library...
- Section 40:54-29.7 - Form Of Ballot
Such question shall be placed upon the official ballots in each of the participating municipalities in substantially the following form: "Shall (insert the name...
- Section 40:54-29.8 - Approval Of Resolution
These municipalities in which at said election the question is approved by a majority of the legal votes cast in each, both for and...
- Section 40:54-29.9 - Amendment Of Joint Library Agreement; Approval By Ordinance
The joint library agreement may be amended by agreement among the parties thereto but such amendments shall not become effective until approved in each...
- Section 40:54-29.10 - Joint Library Trustees
The board of trustees of such joint library shall consist of (a) the mayor or other chief executive officer of each participating municipality; (b)...
- Section 40:54-29.11 - Termination Of Boards Of Trustees Of Free Public Libraries Of Participating Municipalities; Assets And Obligations
Upon the formation of a joint free public library, the terms of office of the members of the board of trustees of any free...
- Section 40:54-29.12 - Board Of Trustees As Body Corporate; Name
The board of trustees of the joint library shall be a body corporate under the name of "The trustees of the joint free public...
- Section 40:54-29.13 - Board Of Trustees
The board of trustees shall be vested with authority to carry out the purposes of the joint library, in the manner provided for free...
- Section 40:54-29.13a - Joint Free Public Library Administrators, Duties
39. The director or other chief administrative officer of a joint free public library serving two or more municipalities shall: a. cause copies of...
- Section 40:54-29.14 - Disbursing Officer
The board of trustees of the joint library shall designate the chief financial officer of 1 of the participating municipalities as the disbursing officer...
- Section 40:54-29.15 - Employees
Employees of any free public library of any participating municipality at the time of the formation of the joint library shall, upon the formation...
- Section 40:54-29.16 - Certification Of Sum Needed For Operation Of Joint Library; Apportionment.
14.The board of trustees of the joint library shall, not later than December 1 of each year, certify to the respective municipalities the sum...
- Section 40:54-29.17 - Raising Of Sum Needed, Quarterly Payments.
15. The proportionate share of the sum so certified or agreed upon or determined in its annual budget, shall be raised by taxation, pursuant...
- Section 40:54-29.18 - Capital Improvements; Certification Of Sums Needed; Apportionment Of Costs
If the board of trustees shall determine that it is advisable to raise money for the acquisition of lands or a building or buildings...
- Section 40:54-29.19 - Appropriation For Capital Improvements; Borrowing
Each municipality, to provide for such capital improvement, shall either: (a) appropriate its proportionate share of the sum or sums for the purposes certified...
- Section 40:54-29.20 - Consent To Capital Improvements; Expenditures
The board of trustees shall be empowered and authorized, with the consent of the governing bodies of the municipalities, to undertake the purpose or...
- Section 40:54-29.21 - Title To Realty
The title to any real estate acquired pursuant to any such appropriation shall be taken in the names of the municipalities as tenants in...
- Section 40:54-29.22 - Discontinuance Of Participation In Joint Library; Notice; Joint Meeting Of Governing Bodies
If the governing body of any municipality shall determine by ordinance to propose to discontinue its participation in the support, maintenance and control of...
- Section 40:54-29.23 - Discontinuance.
21.When such discontinuance has been agreed upon or determined and if the governing body of the municipality proposing such discontinuance shall determine to proceed...
- Section 40:54-29.24 - Discontinuance; Form Of Ballot
Such question shall be placed upon the official ballots for such election in substantially the following form: "Shall (name of municipality submitting the question)...
- Section 40:54-29.25 - Discontinuance; Effect Of Majority Approval; Participation In Joint Library By Remaining Municipalities
If at said election the question is approved in such municipality by a majority of the legal votes cast both for and against such...
- Section 40:54-29.26 - Repeal
Sections 40:54-30 to 40:54-34, inclusive, of the Revised Statutes are repealed. L.1959, c. 155, p. 626, s. 24, eff. Sept. 4, 1959.
- Section 40:54-35 - Library Funds
The governing body of any municipality may appropriate and raise such sum of money as in its judgment may be deemed necessary to aid...
- Section 40:54a-1 - Authorization To Create Seaquarium Authority; Name
The governing body of any municipality bordering on the Atlantic ocean is hereby authorized to create by ordinance a local authority to plan, construct...
- Section 40:54a-2 - Appointment Of Members; Qualifications; Terms; Vacancies; Conflict Of Interest; Oath; Compensation; Officers; Quorum; Bonds
The members of each authority shall be appointed by the mayor or other executive head of the municipality of its creation. Each member shall...
- Section 40:54a-3 - Employees And Assistants; Compensation; Selection; Civil Service; Offices; Records
Insofar as may be practicable, the employees and assistants required by the authority shall be recruited from the public officers and employees of the...
- Section 40:54a-4 - Duty Of Authority
Every authority created under this act shall have the responsibility and obligation: To plan, construct and maintain in and for the municipality, a seaquarium...
- Section 40:54a-5 - General Powers
In addition to any other powers conferred upon an authority by this act, each authority shall have the following powers: a. To adopt and...
- Section 40:54a-6 - Resolution Of Governing Body; Investigation And Report By Authority
Whenever an authority having first been authorized so to do by resolution adopted by the governing body of the municipality and after investigation and...
- Section 40:54a-7 - Tolls, Rents, Fees, Etc.
Every authority is hereby authorized to charge and collect tolls, rents, rates, fees or other charges (in this act sometimes referred to as "facility...
- Section 40:54a-8 - Compliance Of Charges With Terms Of Lease Or Other Agreement; Adjustment Of Rates; Basis
The facility charges fixed, charged and collected by an authority with respect to any seaquarium facility shall comply with the terms of any lease...
- Section 40:54a-9 - Acquisition Of Realty; Manner; Eminent Domain
Every authority is hereby empowered, in its own name but for the municipality, to acquire by purchase, gift, grant or device and to take...
- Section 40:54a-10 - Competition With Public Utility Prohibited
Nothing in this act or any provision hereof shall authorize or be construed to authorize, the construction, installation, acquisition, maintenance, operation, or sale of...
- Section 40:54a-11 - Annual Report Of Authority; Rights And Powers Of Municipality; Appropriations; Use Of Funds; Budget; Record Of Accounts
Each authority shall make an annual report to the municipality by which it has been created, setting forth in detail its operations and transactions...
- Section 40:54c-1 - Tourist Development Commission; Creation By Ordinance; Members; Term Of Office; Vacancies; Service Without Compensation
The governing body of any municipality enacting an ordinance or ordinances authorized by section 1 of this act, shall by ordinance, establish a "...
- Section 40:54c-2 - Organization, Regulation Of Commission
4. a. As soon as possible and in any event no later than 15 days after its appointment, the commission shall organize and hold...
- Section 40:54c-3 - Disbursement Authority
5. The commission shall have exclusive authority to disburse all revenues allocated to the fund established pursuant to section 2 of this act. It...
- Section 40:54c-4 - Records; Reports; Disbursements Not In Accordance With Purpose Of Act
The commission shall keep records of its meetings, activities and expenditures. At any time upon the request of the governing body, and in no...
- Section 40:54c-4.1 - Custodian
3. The chief financial officer of the municipality shall serve as the custodian of the fund established pursuant to section 2 of P.L.1982, c.68...
- Section 40:54c-5 - Joint Action With Other Commission
Any commission created by this act in any municipality is authorized to act jointly with any commission so created in any other municipality, in...
- Section 40:54c-6 - Advertisements Exempt From Public Bidding
4. The provisions of the "Local Public Contracts Law," N.J.S.40A:11-1 et seq., to the contrary notwithstanding, the purchase of, or contracting for, advertisements in...
- Section 40:54c-7 - Authority Of Commission
5. The commission established by an ordinance authorized pursuant to section 1 of P.L.1982, c.68 (C.40:52-7), in furtherance of the 10-year master plan for...
- Section 40:54d-1 - Short Title
1. This act shall be known and may be cited as the "Tourism Improvement and Development District Act." L.1992,c.165,s.1.
- Section 40:54d-2 - Findings, Determinations Relative To Tourism Improvement And Development
2.The Legislature finds and determines: a.The State of New Jersey contains many unique natural, recreational, and economic resources that are enjoyed not only by...
- Section 40:54d-3 - Definitions Relative To Tourism Improvement And Development.
3.As used in this act: "Authority" means a tourism improvement and development authority created pursuant to section 18 of this act, P.L.1992, c.165 (C.40:54D-18)....
- Section 40:54d-4 - Tourism Improvement And Development Districts
4. a. Two or more contiguous municipalities located in a county of the sixth class may, by ordinances of a substantially similar nature, create...
- Section 40:54d-5 - Exemptions From Taxation
5. No tax on predominantly tourism related retail receipts shall be imposed upon: a. The receipts of a sale or transaction originating or consummated,...
- Section 40:54d-6 - Collection, Administration Of Tax, Assessment; Determination, Certification Of Revenues
6. a. The director shall collect and administer any tax or tourism assessment imposed pursuant to the provisions of P.L.1992, c.165 (C.40:54D-1 et seq.)...
- Section 40:54d-7 - Contents Of Ordinance
7.An ordinance imposing a tax upon predominantly tourism related retail receipts or tourism assessments adopted pursuant to this act shall contain the following provisions:...
- Section 40:54d-8 - Applicability Of Tax Imposed
8. A tax imposed pursuant to an ordinance shall apply only within the territorial limits of the district within the municipalities, and shall be...
- Section 40:54d-9 - Forwarding Of Tax, Assessment Collected, Filing Returns; Vendor Liability.
9. a. (1) A vendor required to collect the tax upon predominantly tourism related retail receipts or tourism assessment imposed pursuant to this act...
- Section 40:54d-10 - "State Tax Uniform Procedure Law" Applicable
10. The tourism assessment and the tax imposed upon predominantly tourism related retail receipts pursuant to this act shall be governed by the provisions...
- Section 40:54d-11 - Rules, Regulations
11. The director shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to implement this act...
- Section 40:54d-12 - Revenues Deposited In Funds
12. a. All revenues from a tax on predominantly tourism related retail receipts collected by the director under an ordinance adopted and authorized pursuant...
- Section 40:54d-13 - Reserve Fund Created.
13.There is created for a tourism improvement and development district established pursuant to P.L.1992, c.165 (C.40:54D-1 et seq.), a reserve fund to be held...
- Section 40:54d-14 - Application Of Fund.
14. a. Until such time as the conditions set forth in subsection b. of this section are met, the revenues deposited by the State...
- Section 40:54d-14.1 - Tourism Assessment Funds; Use
9. a. There is created for a tourism improvement and development district established pursuant to P.L.1992, c.165 (C.40:54D-1 et seq.), a tourism assessment fund...
- Section 40:54d-15 - Imposition Of Tourism Development Fee
15. Ordinances adopted pursuant to this act, P.L.1992, c.165 (C.40:54D-1 et seq.) shall impose a tourism development fee. The ordinances imposing the fee shall...
- Section 40:54d-16 - Payment Of Fee
16. The tourism development fee shall be due and payable in the manner prescribed in the ordinance establishing the fee. L.1992,c.165,s.16.
- Section 40:54d-17 - Remitting, Reporting Of Fees Paid, Appropriation To Authority
17. a. All tourism development fees imposed by ordinance pursuant to section 15 of this act, P.L.1992, c.165 (C.40:54D-15), shall be paid to the...
- Section 40:54d-18 - "The Tourism Improvement And Development Authority."
18. a. Ordinances adopted to create a tourism improvement and development district pursuant to P.L.1992, c.165 (C.40:54D-1 et seq.) shall provide for the creation...
- Section 40:54d-19 - Dissolution Of Authority.
19.The governing bodies of the municipalities which created an authority pursuant to P.L.1992, c.165 (C.40:54D-1 et seq.) may by ordinance, dissolve the authority pursuant...
- Section 40:54d-20 - Appointment Of Members.
20. a. After the expiration of the period of 45 days following the first publication of the creating ordinances, the governing body of each...
- Section 40:54d-21 - Public Purpose Of Authority.
21.The public purpose of an authority shall be to undertake a tourism project if it is necessary or useful to the economic development and...
- Section 40:54d-21.1 - Entrance Into A Marketing Partnership; Qualified Business, Authority
12. a. A qualified business outside of the district may enter into a marketing partnership with the authority and participate in events and any...
- Section 40:54d-22 - Applicability Of "Local Public Contracts Law."
22.All purchases, contracts or agreements made by the authority pursuant to P.L.1992, c.165 (C.40:54D-1 et seq.) shall be made or awarded pursuant to the...
- Section 40:54d-23 - Maintenance Of Projects.
23.Any convention center facility or other tourism project of the authority shall be maintained and kept in the condition and repair as the authority...
- Section 40:54d-24 - Eminent Domain
24. The exercise of the power of eminent domain and the compensation to be paid thereunder by the authority shall be in accordance with...
- Section 40:54d-25 - Issuance Of Bonds, Notes.
25. a. Except as otherwise provided in section 18 of P.L.1997, c.273 (C.5:10-6.3), the authority may from time to time issue its bonds or...
- Section 40:54d-25.1 - Transfer Of Assets, Obligations, Etc. To The Sports Authority.
17. a. The authority in existence on July 1, 1997 shall cooperate with the sports authority in the defeasing, refunding or refinancing of any...
- Section 40:54d-26 - Application For Proposed Project Financing
26. Prior to the adoption of any resolution of an authority authorizing the issuance of notes or bonds for a tourism project, an application...
- Section 40:54d-27 - Report Filed With Local Finance Board.
27. a. Within 30 days after the issuance of any bonds or notes by the authority pursuant to P.L.1992, c.165 (C.40:54D-1 et seq.), the...
- Section 40:54d-28 - Pledges
28. Any pledge of revenues or other monies made by the authority shall be valid and binding from the time when the pledge is...
- Section 40:54d-29 - Pledge Of State To Bondholders.
29.The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds or notes issued by an...
- Section 40:54d-30 - Immunity From Personal Liability On Bonds.
30.Neither the members of an authority nor any person executing bonds or notes issued pursuant to P.L.1992, c.165 (C.40:54D-1 et seq.) shall be liable...
- Section 40:54d-31 - Authorization To Collect Rates, Charges, Fees For Use Of Projects
31. a. The authority is authorized to fix, revise, charge and collect rates, charges and fees for the use of a convention center facility...
- Section 40:54d-32 - Additional Powers
32. In addition to the other powers conferred by this act or by any other law and not in limitation thereof, the authority, in...
- Section 40:54d-33 - Government Entity May Convey Property
33. Any government entity, notwithstanding any contrary provision of law, is authorized to lease, lend, grant or convey to the authority at its request...
- Section 40:54d-34 - Cooperation Of County, Municipality
34. For the purpose of aiding and cooperating in the acquisition, construction, or operation of any project of the authority, any county or municipality...
- Section 40:54d-35 - Property Exempt From Levy, Sale.
35.Except as otherwise provided in section 17 of P.L.1997, c.273 (C.40:54D-25.1), all property of the authority, except any property which is subjected to a...
- Section 40:54d-36 - Exemption From Taxes, Special Assessments
36. The tourism project and other property of the authority are declared to be public property of an instrumentality of the State and devoted...
- Section 40:54d-37 - Depositories
37. All banks, trust companies, savings banks, investment companies and other persons carrying on a banking business are each authorized to give to the...
- Section 40:54d-38 - Investment Of Bond, Note Funds
38. Notwithstanding the provisions of any other law, the State and all public officers, municipalities, counties, political subdivisions and public bodies and agencies thereof,...
- Section 40:54d-39 - Audit
39. The authority shall cause a financial audit of its books and accounts to be made at least once each year by certified public...
- Section 40:54d-40 - Construction Of Act
40. Nothing in this act shall be construed to authorize or empower the authority to: a. Vacate, close, connect with, adjust, relocate, cross or...
- Section 40:54d-41 - Access By Authority
41. The authority and its authorized agents and employees may enter upon any lands, waters and premises other than State property for the purpose...
- Section 40:54d-42 - Contracts, Etc. With Municipal Governments
42. The authority may enter into contracts, leases, or agreements with any municipal government, concerning the acquisition, construction, maintenance, operation, or support of a...
- Section 40:54d-43 - Supplemental Powers
43. The powers granted pursuant to the provisions of this act, P.L.1992, c.165 (C.40:54D-1 et seq.) are in addition to all powers under existing...
- Section 40:54d-44 - Prior Obligations Unaffected
44. Nothing in this act shall be construed to in any way impair any obligation assumed by any municipality entered into prior to the...
- Section 40:55-21.15 - Municipalities Qualified To Receive Certain State Aid; Urban Growth Zones; Determination By Ordinance; Exemption Of Projects From Land Use Ordinances
Any municipality receiving State aid pursuant to the provisions of P.L.1971, c. 64, as amended and supplemented from time to time, or a municipality...
- Section 40:55-52 - Authentication Before Filing
No department in a municipality, created for the purpose of filing plans and specifications for buildings, shall receive or file any plans or specifications...
- Section 40:55b-1 - Definitions
As used in this title: "Governing body" means and includes the board or body in each municipality empowered by statute to exercise general legislative...
- Section 40:55b-2 - Legislative Finding; Purpose Of Chapter
It is hereby found and declared as follows: a. That unless many municipalities are to accept decadence and obsolescence as their inevitable lot, they...
- Section 40:55b-3 - Creation; Official Title
The governing body of each municipality is hereby authorized to create, by ordinance, a local industrial commission to be known as "the industrial commission...
- Section 40:55b-4 - Body Corporate; Number Of Members
Any commission so created shall consist of seven members and shall be a body corporate, having the powers hereinafter enumerated.
- Section 40:55b-5 - Members And Officers
The members of each commission shall be appointed by the governing body of the municipality of its creation. Each member shall be, for the...
- Section 40:55b-6 - Employees; Offices
In so far as may be practicable, the employees and assistants required by the commission shall be recruited from the public officers and employees...
- Section 40:55b-7 - General Powers
To effectuate its purposes, any commission created under this chapter shall have the following powers: a. To sue and be sued. b. To adopt...
- Section 40:55b-8 - Purposes, Functions, And Additional Powers
Every commission created under this chapter shall constitute the corporate instrumentality of the municipality, by which it is created, for the following purposes: a....
- Section 40:55b-8.1 - Contracts Relating To Transfer Of Interest In Real Estate; Veto By Mayor
Notice of any contract for the sale, lease, option to purchase or lease or other transfer of real property or any interest therein proposed...
- Section 40:55b-8.2 - Restrictions Or Conditions On Real Property Sold Or Leased By Commission
The commission may, as to any real property sold or leased by it, impose restrictions or conditions as to the use of the real...
- Section 40:55b-9 - Study Of Tax Structure
The commission shall make a study of the tax structure with a view to reducing the tax burden of the municipality.
- Section 40:55b-10 - Limitations On Powers; Appropriations; Records And Reports
No commission created under the authority of this chapter shall have any power of condemnation or eminent domain. No commission created under the authority...
- Section 40:55d-1 - Short Title
This act may be cited and referred to as the "Municipal Land Use Law." L.1975, c. 291, s. 1, eff. Aug. 1, 1976.
- Section 40:55d-2 - Purpose Of The Act.
2.Purpose of the act. It is the intent and purpose of this act: a.To encourage municipal action to guide the appropriate use or development...
- Section 40:55d-3 - Definitions; Shall, May; A To C.
3.For the purposes of this act, unless the context clearly indicates a different meaning: The term "shall" indicates a mandatory requirement, and the term...
- Section 40:55d-4 - Definitions; D To L.
3.1. "Days" means calendar days. "Density" means the permitted number of dwelling units per gross area of land that is the subject of an...
- Section 40:55d-5 - Definitions; M To O.
3.2."Maintenance guarantee" means any security which may be accepted by a municipality for the maintenance of any improvements required by this act, including but...
- Section 40:55d-6 - Definitions; P To R.
3.3. "Party immediately concerned" means for purposes of notice any applicant for development, the owners of the subject property and all owners of property...
- Section 40:55d-7 - Definitions; S To Z.
3.4."Sedimentation" means the deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means...
- Section 40:55d-8 - Municipal Fees; Exemptions.
4. a. Every municipal agency shall adopt and may amend reasonable rules and regulations, not inconsistent with this act or with any applicable ordinance,...
- Section 40:55d-8.1 - Short Title.
32.Sections 32 through 38 of P.L.2008, c.46 (C.40:55D-8.1 through C.40:55D-8.7) shall be known and may be cited as the "Statewide Non-residential Development Fee Act."...
- Section 40:55d-8.2 - Findings, Declarations Relative To Statewide Non-residential Development Fees.
33. The Legislature finds and declares: a.The collection of development fees from builders of residential and non-residential properties has been authorized by the court...
- Section 40:55d-8.3 - Definitions Relative To Statewide Non-residential Development Fees.
34.As used in sections 32 through 38 of P.L.2008, c.46 (C.40:55D-8.1 through C.40:55D-8.7): "Construction" means new construction and additions, but does not include alterations,...
- Section 40:55d-8.4 - Fee Imposed On Construction Resulting In Non-residential Development; Exemptions.
35. a. Beginning on the effective date of P.L.2008, c.46 (C.52:27D-329.1 et al.), a fee is imposed on all construction resulting in non-residential development,...
- Section 40:55d-8.5 - Regulations.
36. a. The commissioner, in consultation with the council, shall promulgate, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1...
- Section 40:55d-8.6 - Inapplicability Of Certain Provisions Of Law Imposing Fee Upon Developer Of Certain Non-residential Property.
37. a. The provisions of this subsection shall not apply to a financial or other contribution that a developer made or committed itself to...
- Section 40:55d-8.7 - Certain Local Ordinances Void.
38. a. Except as expressly provided in P.L.2008, c.46 (C.52:27D-329.1 et al.) including subsection b. of this section, any provision of a local ordinance...
- Section 40:55d-8.8 - Applicability Of Section.
39.The provisions of this section shall apply only to those developments for which a fee was imposed pursuant to sections 32 through 38 of...
- Section 40:55d-9 - Meetings; Municipal Agency
Meetings; municipal agency. a. Every municipal agency shall by its rules fix the time and place for holding its regular meetings for business authorized...
- Section 40:55d-10 - Hearings.
6. Hearings. a. The municipal agency shall hold a hearing on each application for development, adoption, revision or amendment of the master plan, each...
- Section 40:55d-10.1 - Informal Review
At the request of the developer, the planning board shall grant an informal review of a concept plan for a development for which the...
- Section 40:55d-10.2 - Voting Conditions.
9.A member of a municipal agency who was absent for one or more of the meetings at which a hearing was held or was...
- Section 40:55d-10.3 - Completion Of Application For Development; Certification; Completion After 45 Days If No Certification; Exception; Waiver Of Requirements For Submission
An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency, when so certified...
- Section 40:55d-10.4 - Default Approval
An applicant shall comply with the provisions of this section whenever the applicant wishes to claim approval of his application for development by reason...
- Section 40:55d-10.5 - Development Regulations, Certain, Govern Review Of Application.
1.Notwithstanding any provision of law to the contrary, those development regulations which are in effect on the date of submission of an application for...
- Section 40:55d-11 - Contents Of Notice Of Hearing On Application For Development Or Adoption Of Master Plan
Notices pursuant to section 7.1 and 7.2 of this act shall state the date, time and place of the hearing, the nature of the...
- Section 40:55d-12 - Notices Of Application, Requirements.
7.1. Notice pursuant to subsections a., b., d., e., f., g. and h. of this section shall be given by the applicant unless a...
- Section 40:55d-12.1 - Registration For Notice To Utility, Catv Company
5. a. Every public utility, cable television company and local utility interested in receiving notice pursuant to subsection h. of section 7.1 of P.L.1975,...
- Section 40:55d-12.2 - Local Utility Notice Of Applications
8. Within 30 days after the effective date of this act, the administrative officer of every municipality shall notify the corporate secretary of every...
- Section 40:55d-12.3 - Application Of Subsection H.
9. Failure to give notice as required pursuant to P.L.1991, c.245, shall not invalidate any hearing or proceeding held or to be held, or...
- Section 40:55d-12.4 - Notice To Military Facility Commander From Municipality.
1. a. Any military facility commander interested in receiving notice pursuant to paragraph (2) of subsection h. of section 7.1 of P.L.1975, c.291 (C.40:55D-12)...
- Section 40:55d-13 - Notice Concerning Master Plan
The planning board shall give: (1) Public notice of a hearing on adoption, revision or amendment of the master plan; such notice shall be...
- Section 40:55d-14 - Effect Of Mailing Notice
Any notice made by certified mail pursuant to sections 7.1 and 7.2 of this act shall be deemed complete upon mailing. L.1975, c. 291,...
- Section 40:55d-15 - Notice Of Certain Hearings.
7.4. a. Notice by personal service, certified mail, or e-mail with confirmation that the e-mail was delivered, shall be made to the clerk of...
- Section 40:55d-16 - Filing Of Ordinances
Filing of ordinances. Development regulations, except for the official map, shall not take effect until a copy thereof shall be filed with the county...
- Section 40:55d-17 - Appeal To The Governing Body; Time; Notice; Modification; Stay Of Proceedings
8. Appeal to the governing body; time; notice; modification; stay of proceedings. a. Any interested party may appeal to the governing body any final...
- Section 40:55d-18 - Enforcement.
9.Enforcement. The governing body of a municipality shall enforce this act and any ordinance or regulation made and adopted hereunder. To that end, the...
- Section 40:55d-19 - Appeal Or Petition In Certain Cases To The Board Of Public Utilities
10. Appeal or petition in certain cases to the Board of Public Public Utilities. If a public utility, as defined in R.S.48:2-13, or an...
- Section 40:55d-20 - Exclusive Authority Of Planning Board And Board Of Adjustment
Any power expressly authorized by this act to be exercised by (1) planning board or (2) board of adjustment shall not be exercised by...
- Section 40:55d-21 - Tolling Of Running Of Period Of Approval
In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented,...
- Section 40:55d-22 - Conditional Approvals
a. In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by...
- Section 40:55d-23 - Planning Board Membership.
14.Planning board membership. a. The governing body may, by ordinance, create a planning board of seven or nine members. All members of the planning...
- Section 40:55d-23.1 - Alternate Members
13. The governing body of any municipality in which the planning board exercises the powers of the board of adjustment pursuant to subsection c....
- Section 40:55d-23.2 - Members Of Board Of Adjustment May Serve As Temporary Members Of Planning Board
5. If the planning board lacks a quorum because any of its regular or alternate members is prohibited by subsection b. of section 14...
- Section 40:55d-23.3 - Preparation, Offering Of Basic Course In Land Use Law And Planning; Requirement.
2. a. The Commissioner of Community Affairs shall cause to be prepared and offered a basic course in land use law and planning within...
- Section 40:55d-23.4 - Exemptions From Educational Requirements.
3.The following persons shall be exempt from the educational requirements established pursuant to section 2 of P.L.2005, c.133 (C.40:55D-23.3): a. (1) The mayor or...
- Section 40:55d-24 - Organization Of Planning Board.
15.Organization of planning board. The planning board shall elect a chairman and vice chairman from the members of Class IV, select a secretary who...
- Section 40:55d-25 - Powers Of Planning Board.
16. a. The planning board shall follow the provisions of this act and shall accordingly exercise its power in regard to: (1)The master plan...
- Section 40:55d-26 - Referral Powers
Referral powers. a. Prior to the adoption of a development regulation, revision, or amendment thereto, the planning board shall make and transmit to the...
- Section 40:55d-27 - Citizens Advisory Committee; Environmental Commission
a. After the appointment of a planning board, the mayor may appoint one or more persons as a citizens' advisory committee to assist or...
- Section 40:55d-28 - Preparation; Contents; Modification.
19.Preparation; contents; modification. a.The planning board may prepare and, after public hearing, adopt or amend a master plan or component parts thereof, to guide...
- Section 40:55d-29 - Preparation Of Capital Improvement Program.
20. a. The governing body may authorize the planning board from time to time to prepare a program of municipal capital improvement projects projected...
- Section 40:55d-30 - Adoption Of Capital Improvement Program
Whenever the planning board has prepared a capital improvement program pursuant to section 20 of this act, it shall recommend such program to the...
- Section 40:55d-31 - Review By Planning Board.
22. a. Whenever the planning board shall have adopted any portion of the master plan, the governing body or other public agency having jurisdiction...
- Section 40:55d-32 - Establish An Official Map
The governing body may by ordinance adopt or amend an official map of the municipality, which shall reflect the appropriate provisions of any municipal...
- Section 40:55d-33 - Change Or Addition To Map
The approval by the municipality by ordinance under the provisions of any law other than as contained in this article of the layout, widening,...
- Section 40:55d-34 - Issuance Of Permits For Buildings Or Structures
25. Issuance of permits for buildings or structures. For purpose of preserving the integrity of the official map of a municipality no permit shall...
- Section 40:55d-35 - Building Lot To Abut Street
Building lot to abut street. No permit for the erection of any building or structure shall be issued unless the lot abuts a street...
- Section 40:55d-36 - Appeals
27. Appeals. Where the enforcement of section 26 of P.L.1975, c.291 (C.40:55D-35) would entail practical difficulty or unnecessary hardship, or where the circumstances of...
- Section 40:55d-37 - Grant Of Power; Referral Of Proposed Ordinance; County Planning Board Approval
a. The governing body may by ordinance require approval of subdivision plats by resolution of the planning board as a condition for the filing...
- Section 40:55d-38 - Contents Of Ordinance.
29.Contents of ordinance. An ordinance requiring approval by the planning board of either subdivisions or site plans, or both, shall include the following: a.Provisions,...
- Section 40:55d-38.1 - Solar Panels Not Included In Certain Calculations Relative To Approval Of Subdivisions, Site Plans.
9.An ordinance requiring approval by the planning board of either subdivisions or site plans, or both, shall not include solar panels in any calculation...
- Section 40:55d-39 - Discretionary Contents Of Ordinance.
29.1. Discretionary contents of ordinance. An ordinance requiring approval by the planning board of either subdivisions or site plans or both may include the...
- Section 40:55d-39.1 - Provision For Permanent Protection Of Certain Land.
9. a. An ordinance authorizing the planning board to approve planned developments, subdivisions, or site plans that allow for contiguous cluster or noncontiguous cluster...
- Section 40:55d-40 - Discretionary Contents Of Subdivision Ordinance.
29.2. An ordinance requiring subdivision approval by the planning board pursuant to this article may also include: a.Provisions for minor subdivision approval pursuant to...
- Section 40:55d-40.1 - Definitions
1. As used in this act: "Board" means the Site Improvement Advisory Board established by this act; "Commissioner" means the Commissioner of Community Affairs;...
- Section 40:55d-40.2 - Findings, Declarations
2. The Legislature hereby finds and declares that: a. The multiplicity of standards for subdivisions and site improvements that currently exists in this State...
- Section 40:55d-40.3 - Site Improvement Advisory Board
3. a. There is established in, but not of, the department a Site Improvement Advisory Board, to devise statewide site improvement standards pursuant to...
- Section 40:55d-40.4 - Submission Of Recommendations For Statewide Site Improvement Standards For Residential Development
4. a. The board shall, no later than 180 days following the appointment of its full membership, prepare and submit to the commissioner recommendations...
- Section 40:55d-40.5 - Supersedure Of Site Improvement Standards
5. Notwithstanding any provision to the contrary of the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), the standards set forth in the...
- Section 40:55d-40.6 - Municipal Zoning Power Not Limited
6. Nothing contained in this act shall in any way limit the zoning power of any municipality. L.1993,c.32,s.6.
- Section 40:55d-40.7 - Construction Of Act
7. a. Nothing in this act shall be construed to modify the provisions of the "Pinelands Protection Act," P.L.1979, c.111 (C.13:18A-1 et seq.) or...
- Section 40:55d-41 - Contents Of Site Plan Ordinance
Contents of site plan ordinance. An ordinance requiring site plan review and approval pursuant to this article shall include and shall be limited to,...
- Section 40:55d-42 - Contribution For Off-tract Water, Sewer, Drainage, And Street Improvements.
30.Contribution for off-tract water, sewer, drainage, and street improvements. The governing body may by ordinance adopt regulations requiring a developer, as a condition for...
- Section 40:55d-43 - Standards For The Establishment Of Open Space Organization.
31. a. An ordinance pursuant to this article permitting planned unit development, planned unit residential development or cluster development may provide that the municipality...
- Section 40:55d-44 - Reservation Of Public Areas
If the master plan or the official map provides for the reservation of designated streets, public drainageways, flood control basins, or public areas within...
- Section 40:55d-45 - Findings For Planned Developments
Every ordinance pursuant to this article that provides for planned developments shall require that prior to approval of such planned developments the planning board...
- Section 40:55d-45.1 - General Development Plan
a. The general development plan shall set forth the permitted number of dwelling units, the amount of nonresidential floor space, the residential density, and...
- Section 40:55d-45.2 - Contents Of General Development Plan
A general development plan may include, but not be limited to, the following: a. A general land use plan at a scale specified by...
- Section 40:55d-45.3 - Submission Of General Development Plan.
5. a. (1) Any developer of a parcel of land greater than 100 acres in size for which the developer is seeking approval of...
- Section 40:55d-45.4 - Modification Of Timing Schedule
In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the planning board. The...
- Section 40:55d-45.5 - Variation Approval
a. Except as provided hereunder, the developer shall be required to gain the prior approval of the planning board if, after approval of the...
- Section 40:55d-45.6 - Revision Of General Development Plan
a. Except as provided hereunder, once a general development plan has been approved by the planning board, it may be amended or revised only...
- Section 40:55d-45.7 - Notification Of Completion
a. Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the...
- Section 40:55d-45.8 - Approval Terminated Upon Completion
In the event that a development which is the subject of an approved general development plan is completed before the end of the term...
- Section 40:55d-46 - Procedure For Preliminary Site Plan Approval
a. An ordinance requiring site plan review and approval shall require that the developer submit to the administrative officer a site plan and such...
- Section 40:55d-46.1 - Minor Site Plan; Approval
14. An ordinance requiring, pursuant to section 7.1 of P.L.1975, c.291 (C.40:55D-12), notice of hearings on applications for development for conventional site plans, may...
- Section 40:55d-46.2 - Application To Collocate Wireless Communications Equipment; Terms Defined.
1. a. An application for development to collocate wireless communications equipment on a wireless communications support structure or in an existing equipment compound shall...
- Section 40:55d-47 - Minor Subdivision
35. a. Minor subdivision. An ordinance requiring approval of subdivisions by the planning board may authorize the planning board to waive notice and public...
- Section 40:55d-48 - Procedure For Preliminary Major Subdivision Approval
a. An ordinance requiring subdivision approval by the planning board shall require that the developer submit to the administrative officer a plat and such...
- Section 40:55d-48.1 - Application By Corporation Or Partnership; List Of Stockholders Owning 10% Of Stock Or 10% Interest In Partnership
A corporation or partnership applying to a planning board or a board of adjustment or to the governing body of a municipality for permission...
- Section 40:55d-48.2 - Disclosure Of 10% Ownership Interest Of Corporation Or Partnership Which Is 10% Owner Of Applying Corporation Or Partnership
If a corporation or partnership owns 10% or more of the stock of a corporation, or 10% or greater interest in a partnership, subject...
- Section 40:55d-48.3 - Failure To Comply With Act; Disapproval Of Application
No planning board, board of adjustment or municipal governing body shall approve the application of any corporation or partnership which does not comply with...
- Section 40:55d-48.4 - Concealing Ownership Interest; Fine
Any corporation or partnership which conceals the names of the stockholders owning 10% or more of its stock, or of the individual partners owning...
- Section 40:55d-49 - Preliminary Approval, Extension.
37.Preliminary approval of a major subdivision pursuant to section 36 of P.L.1975, c.291 (C.40:55D-48) or of a site plan pursuant to section 34 of...
- Section 40:55d-50 - Final Approval Of Site Plans And Major Subdivisions.
38.Final approval of site plans and major subdivisions. a.The planning board shall grant final approval if the detailed drawings, specifications and estimates of the...
- Section 40:55d-51 - Exception In Application Of Subdivision Or Site Plan Regulation; Simultaneous Review And Approval
a. The planning board when acting upon applications for preliminary or minor subdivision approval shall have the power to grant such exceptions from the...
- Section 40:55d-52 - Final Approval Of Site Plan Or Major Subdivision; Extension.
40. a. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to section 37...
- Section 40:55d-53 - Guarantees Required; Surety; Release.
41.Guarantees required; surety; release. a. Before recording of final subdivision plats or as a condition of final site plan approval or as a condition...
- Section 40:55d-53a - Standardized Form For Performance Guarantee, Maintenance Guarantee, Letter Of Credit
1.The Department of Community Affairs shall adopt by regulation a standardized form for a performance guarantee, maintenance guarantee and letter of credit required by...
- Section 40:55d-53b - Acceptance Of Standardized Form
2.Notwithstanding any ordinance to the contrary, an approving authority shall accept the standardized form for a performance guarantee, maintenance guarantee or letter of credit...
- Section 40:55d-53c - Acceptance Of Performance Guarantee From Successor Developer.
4. a. The governing body or an approving authority may accept a performance guarantee in favor of the municipality from a successor developer as...
- Section 40:55d-53.1 - Interest On Deposits With Municipalities
Whenever an amount of money in excess of $5,000.00 shall be deposited by an applicant with a municipality for professional services employed by the...
- Section 40:55d-53.2 - Municipal Payments To Professionals For Services Rendered; Determination
13. a. The chief financial officer of a municipality shall make all of the payments to professionals for services rendered to the municipality or...
- Section 40:55d-53.2a - Applicant Notification To Dispute Charges; Appeals; Rules, Regulations
3. a. An applicant shall notify in writing the governing body with copies to the chief financial officer, the approving authority and the professional...
- Section 40:55d-53.3 - Maintenance, Performance Guarantees
14. A municipality shall not require that a maintenance guarantee required pursuant to section 41 of P.L.1975, c.291 (C.40:55D-53) be in cash or that...
- Section 40:55d-53.4 - Municipal Engineer To Estimate Cost Of Installation Of Improvements
15. The cost of the installation of improvements for the purposes of section 41 of P.L.1975, c.291 (C.40:55D-53) shall be estimated by the municipal...
- Section 40:55d-53.5 - Performance Of Maintenance Guarantee, Acceptance
16. The approving authority shall, for the purposes of section 41 of P.L.1975, c.291 (C.40:55D-53), accept a performance guarantee or maintenance guarantee which is...
- Section 40:55d-53.6 - Municipality To Assume Payment Of Cost Of Street Lighting
17. If an approving authority includes as a condition of approval of an application for development pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.) the...
- Section 40:55d-54 - Recording Of Final Approval Of Major Subdivision; Filing Of All Subdivision Plats
42. Recording of final approval of major subdivision; filing of all subdivision plats. a. Final approval of a major subdivision shall expire 95 days...
- Section 40:55d-54.1 - Notification To Tax Assessor Of Municipality
Upon the filing of a plat showing the subdivision or resubdivision of land, the county recording officer shall, at the same time that notification...
- Section 40:55d-55 - Selling Before Approval; Penalty; Suits By Municipalities
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement...
- Section 40:55d-56 - Certificates Showing Approval; Contents
The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of...
- Section 40:55d-57 - Right Of Owner Of Land Covered By Certificate
Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision...
- Section 40:55d-58 - Condominiums And Cooperative Structures And Uses
This act and all development regulations pursuant thereto shall be construed and applied with reference to the nature and use of a condominium or...
- Section 40:55d-60 - Planning Board Review In Lieu Of Board Of Adjustment
Whenever the proposed development requires approval pursuant to this act of a subdivision, site plan or conditional use, but not a variance pursuant to...
- Section 40:55d-61 - Time Periods
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to section 47 of...
- Section 40:55d-62 - Power To Zone.
49.Power to zone. a. The governing body may adopt or amend a zoning ordinance relating to the nature and extent of the uses of...
- Section 40:55d-62.1 - Notice Of Hearing On Amendment To Zoning Ordinance.
2.Notice of a hearing on an amendment to the zoning ordinance proposing a change to the classification or boundaries of a zoning district, exclusive...
- Section 40:55d-63 - Notice And Protest
50. Notice and Protest. Notice of the hearing on an amendment to the zoning ordinance proposing a change to the classification or boundaries of...
- Section 40:55d-64 - Referral To Planning Board
Prior to the hearing on adoption of a zoning ordinance, or any amendments thereto, the governing body shall refer any such proposed ordinance or...
- Section 40:55d-65 - Contents Of Zoning Ordinance.
52.A zoning ordinance may: a.Limit and restrict buildings and structures to specified districts and regulate buildings and structures according to their type and the...
- Section 40:55d-65.1 - Zoning Ordinance May Designate, Regulate Historic Sites, Districts
5. A zoning ordinance may designate and regulate historic sites or historic districts and provide design criteria and guidelines therefor. Designation and regulation pursuant...
- Section 40:55d-66 - Miscellaneous Provisions Relative To Zoning.
53. a. For purposes of this act, model homes or sales offices within a subdivision and only during the period necessary for the sale...
- Section 40:55d-66.1 - Community Residences, Shelters, Adult Family Care Homes; Permitted Use In Residential Districts.
1.Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with...
- Section 40:55d-66.2 - Definitions.
2.As used in this act: a."Community residence for the developmentally disabled" means any community residential facility licensed pursuant to P.L.1977, c.448 (C.30:11B-1 et seq.)...
- Section 40:55d-66.3 - Severability
If any provision of this act or the application thereof to any person or circumstance is found unconstitutional, the remainder of this act and...
- Section 40:55d-66.5a - Findings, Declarations
1. The Legislature finds and declares that: a. With over 50 percent of working-age women now in the workforce, the need for high quality...
- Section 40:55d-66.5b - Family Day Care Homes Permitted Use In Residential Districts; Definitions
2. a. Family day care homes shall be a permitted use in all residential districts of a municipality. The requirements for family day care...
- Section 40:55d-66.6 - Child Care Centers Located In Nonresidential Municipal Districts; Permitted
Child care centers for which, upon completion, a license is required from the Department of Human Services pursuant to P.L.1983, c.492 (C.30:5B-1 et seq.),...
- Section 40:55d-66.7 - Child Care Center Excluded In Calculation Of Density Of Building
1. In considering an application for development approval for a nonresidential development that is to include a child care center that is located on...
- Section 40:55d-66.7a - Child Care Programs, Exemption From Local Zoning Restrictions
2.Any child care program approved by a local board of education and operated by the board or by an approved sponsor in a public...
- Section 40:55d-66.8 - Siting Of Structure, Equipment For Groundwater Remedial Action
3. a. The siting of a structure or equipment required for a groundwater remedial action approved by the Department of Environmental Protection pursuant to...
- Section 40:55d-66.9 - Variance For Remedial Action
4. If, for any of the reasons set forth in subsection c. of section 57 of P.L.1975, c.291 (C.40:55D-70), a variance is required under...
- Section 40:55d-66.10 - Methadone Clinic Deemed Business For Zoning Purposes
1.For the purposes of any zoning ordinance adopted by any municipality in the State pursuant to section 49 of P.L.1975, c.291 (C.40:55D-62), a municipality...
- Section 40:55d-66.11 - Wind And Solar Facilities Permitted In Industrial Zones.
1.A renewable energy facility on a parcel or parcels of land comprising 20 or more contiguous acres that are owned by the same person...
- Section 40:55d-66.12 - Municipal Ordinances Relative To Small Wind Energy Systems.
1. a. Ordinances adopted by municipalities to regulate the installation and operation of small wind energy systems shall not unreasonably limit such installations or...
- Section 40:55d-66.13 - Issuance Of Technical Bulletin.
2.Within 10 months of enactment of P.L.2009, c.244 (C.40:55D-66.12 et seq.), the Director of the Division of Codes and Standards in the Department of...
- Section 40:55d-66.14 - Compliance.
3.Small wind energy systems shall be built to comply with all applicable Federal Aviation Administration requirements, including 14 C.F.R. part 77, subpart B regarding...
- Section 40:55d-66.15 - Conditions For Deeming Abandoned; Legal Action.
4.A small wind energy system that is out of service for a continuous 12-month period shall be deemed abandoned. The municipal zoning enforcement officer...
- Section 40:55d-66.16 - Solar, Photovoltaic Energy Facility, Structure, Certain, Permitted Use Within Every Municipality.
2. a. Notwithstanding any law, ordinance, rule or regulation to the contrary, a solar or photovoltaic energy facility or structure constructed and operated on...
- Section 40:55d-67 - Conditional Uses; Site Plan Review
a. A zoning ordinance may provide for conditional uses to be granted by the planning board according to definite specifications and standards which shall...
- Section 40:55d-68 - Nonconforming Structures And Uses
Nonconforming structures and uses. Any nonconforming use or structure existing at the time of the passage of an ordinance may be continued upon the...
- Section 40:55d-68.1 - Year-round Operation
Any hotel, guest house, rooming house or boarding house which is situated in any municipality which borders on the Atlantic ocean in a county...
- Section 40:55d-68.2 - Determination Of Eligibility
The owner of any hotel, guest house, rooming house or boarding house who proposes to increase its operation to a full-year basis and who...
- Section 40:55d-68.3 - Penalty For Violation
Any person who knowingly files false information under this act shall be liable to a civil penalty not to exceed $1,000 for each filing....
- Section 40:55d-68.4 - Certain Senior Citizens Permitted To Rent, Lease Rooms.
1.Notwithstanding any law, ordinance, rule or regulation to the contrary, a municipality shall not prohibit any senior citizen, who is the owner of a...
- Section 40:55d-68.5 - "Senior Citizen" Defined.
2.For the purposes of this act, a "senior citizen" is any person who has attained the age of 62 years on or after the...
- Section 40:55d-68.6 - Powers Of Municipality Intact.
3.Nothing in this act shall be interpreted to limit the powers of a municipality to enforce applicable provisions of any laws, ordinances and regulations...
- Section 40:55d-69 - Zoning Board Of Adjustment.
56. Zoning board of adjustment. Upon the adoption of a zoning ordinance, the governing body shall create, by ordinance, a zoning board of adjustment...
- Section 40:55d-69.1 - Members Of Planning Board May Serve Temporarily On The Board Of Adjustment
20. If the board of adjustment lacks a quorum because any of its regular or alternate members is prohibited by section 56 of P.L.1975,...
- Section 40:55d-70 - Powers.
57.Powers. The board of adjustment shall have the power to: a.Hear and decide appeals where it is alleged by the appellant that there is...
- Section 40:55d-70.1 - Annual Report
The board of adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by...
- Section 40:55d-70.2 - Board Of Adjustment, Determination; Reasons
6. If, in the case of an appeal made pursuant to subsection a. of section 57 of P.L.1975, c.291 (C.40:55D-70), the board of adjustment...
- Section 40:55d-71 - Expenses And Costs
a. The governing body shall make provision in its budget and appropriate funds for the expenses of the board of adjustment. b. The board...
- Section 40:55d-72 - Appeals And Applications To Board Of Adjustment
a. Appeals to the board of adjustment may be taken by any interested party affected by any decision of an administrative officer of the...
- Section 40:55d-72.1 - Continuation Of Application
Any application for development submitted to the board of adjustment pursuant to lawful authority before the effective date of an ordinance pursuant to subsection...
- Section 40:55d-73 - Time For Decision
a. The board of adjustment shall render a decision not later than 120 days after the date (1) an appeal is taken from the...
- Section 40:55d-74 - Modification On Appeal
The board of adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed...
- Section 40:55d-75 - Stay Of Proceedings By Appeal; Exception
An appeal to the board of adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from...
- Section 40:55d-76 - Other Powers
a. Sections 59 through 62 of this article shall apply to the power of the board of adjustment to: (1) Direct issuance of a...
- Section 40:55d-77 - Generally
The governing bodies of two or more municipalities, independently or with the board or boards of chosen freeholders of any county or counties in...
- Section 40:55d-78 - Terms Of Joint Agreement
The ordinance shall, subject to this article, set forth the specific duties to be exercised jointly; the composition, membership and manner of appointment of...
- Section 40:55d-79 - Membership Of Regional Boards
Every joint agreement creating a regional board under this article shall provide for a representative member on such board for each constituent municipality or...
- Section 40:55d-80 - Organization Of Regional Boards; Rules And Procedures
Each regional board shall elect a chairman and a vice chairman from among its members, with a term of 1 year and eligibility for...
- Section 40:55d-81 - Expenses; Staff And Consultants
The regional board or agency may employ, or contract for and fix the compensation of legal counsel, other than an attorney for a constituent...
- Section 40:55d-82 - Sharing Of Costs And Expenses
The apportionment of costs and expenses under any joint agreement may be based upon apportionment valuations determined under R.S. 54:4-49, or upon population, budgets...
- Section 40:55d-83 - Termination Of Agreement
Termination of a joint agreement pursuant to section 65 of this act shall not be made effective earlier than June 30 next succeeding the...
- Section 40:55d-84 - Regional Planning Board; Powers
A regional planning board shall prepare a master plan for the physical, economic and social development of the region, as created pursuant to the...
- Section 40:55d-85 - Regional Board Of Adjustment
A regional board of adjustment shall consist of at least seven members. Each member shall be appointed for a term of 4 years, except...
- Section 40:55d-85.1 - Appeal To Municipality Of Final Decision On Application For Development By Regional Planning Board Or Zoning Board Of Adjustment
a. In the case of any final decision of a regional planning board or regional zoning board of adjustment approving an application for development,...
- Section 40:55d-86 - Appointment Of Joint Building Officials, Zoning Officers And Planning Administrative Officers
The governing bodies of two or more constituent municipalities may provide by agreement, pursuant to procedures set forth herein, for the appointment of a...
- Section 40:55d-87 - Joint Administrative Functions
The building official, zoning office and planning administration functions, or any thereof, or a joint office shall be exercised in the same manner, to...
- Section 40:55d-88 - Delegation To County, Regional And Interstate Bodies
The governing body of any municipality may, by ordinance pursuant to a written agreement, provide for the joint administration of any or all of...
- Section 40:55d-88.1 - Short Title.
1.This act shall be known and may be cited as the "Dismal Swamp Preservation Act." L.2009, c.132, s.1.
- Section 40:55d-88.2 - Findings, Declarations Relative To The Dismal Swamp Conservation Area.
2.The Legislature finds and declares that: a.The Dismal Swamp Conservation Area in Middlesex County is approximately 660 acres of freshwater wetlands, forested uplands, and...
- Section 40:55d-88.3 - Definitions Relative To The Dismal Swamp Conservation Area.
3.As used in this act: "Application for development" means the application form and all accompanying documents required by municipal ordinance for approval of a...
- Section 40:55d-88.4 - Dismal Swamp Preservation Commission.
4. a. Upon adoption of an authorizing resolution by the local governing body of Edison Township, Metuchen Borough, and South Plainfield Borough, respectively, in...
- Section 40:55d-88.5 - Powers, Duties Of Commission.
5. a. Upon establishment of the commission pursuant to section 4 of this act and appointment of its members, notwithstanding any provision of the...
- Section 40:55d-88.6 - Master Plan For Physical, Economic And Social Development Of Dismal Swamp.
6. a. The commission shall prepare, or cause to be prepared, after holding one public hearing in each of the three municipalities within Dismal...
- Section 40:55d-88.7 - No Approval Extended, Tolled Within Dismal Swamp.
7.Notwithstanding any provision of P.L.2008, c.78 (C.40:55D-136.1 et seq.) to the contrary, no approval, as defined therein, within the Dismal Swamp shall be extended...
- Section 40:55d-89 - Periodic Examination.
76.Periodic examination. The governing body shall, at least every 10 years, provide for a general reexamination of its master plan and development regulations by...
- Section 40:55d-89.1 - Rebuttable Presumption
The absence of the adoption by the planning board of a reexamination report pursuant to section 76 of P.L. 1975, c. 291 (C. 40:55D-89)...
- Section 40:55d-90 - Moratoriums; Interim Zoning
Moratoriums; interim zoning. a. The prohibition of development in order to prepare a master plan and development regulations is prohibited. b. No moratoria on...
- Section 40:55d-91 - Severability Of Provisions
If the provisions of any article, section, subsection, paragraph, subdivision or clause or this act shall be judged invalid by a court of competent...
- Section 40:55d-92 - Construction
This act being necessary for the welfare of the State and its inhabitants shall be considered liberally to effect the purposes thereof. L.1975, c....
- Section 40:55d-93 - Preparation; Storm Water Control Ordinances To Implement; Date Of Completion; Reexamination
Every municipality in the State shall prepare a storm water management plan and a storm water control ordinance or ordinances to implement said plan....
- Section 40:55d-94 - Integral Part Of Master Plan; Coordination With Soil Conservation District And Other Storm Water Management Plans
Such a storm water management plan shall be an integral part of any master plan prepared by that municipality pursuant to section 19 of...
- Section 40:55d-95 - Storm Water Management Plan, Ordinance; Requirements.
3.A storm water management plan and a storm water management ordinance or ordinances shall conform to all relevant federal and State statutes, rules and...
- Section 40:55d-95.1 - Rules, Regulations
5. The Commissioner of Environmental Protection, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt regulations to protect the public...
- Section 40:55d-96 - Exceptions, Permitted
4. The Commissioner of Environmental Protection may, upon application by any municipality, grant an exception from any requirement of section 3 of P.L.1981, c.32...
- Section 40:55d-97 - Submission Of Storm Water Management Plan, Ordinances; Approval
5. Every municipality shall submit a storm water management plan and implementing ordinances adopted pursuant to this act to the county planning agency or...
- Section 40:55d-98 - Grants For Preparation Of Storm Water Management Plans
The Commissioner of Environmental Protection, subject to available appropriations and grants from other sources, is authorized to make grants to any municipality, county, county...
- Section 40:55d-99 - Technical Assistance And Planning Grants For Municipalities From Counties And County Planning Agencies And Water Resources Associations
Counties, county planning agencies and county water resources associations shall be authorized to provide technical assistance and planning grants to municipalities to assist in...
- Section 40:55d-100 - Short Title
This act shall be known and may be cited as "The Affordable Housing Act of 1983." L.1983, c. 386, s. 1, eff. Jan. 1,...
- Section 40:55d-101 - Legislative Findings And Declarations
The Legislature finds and declares that: a. The housing needs of many New Jersey citizens remain unmet each year, exemplified by the fact that,...
- Section 40:55d-102 - Definitions
As used in this act: a. "Commissioner" means the Commissioner of the Department of Community Affairs; b. "Grade" means a reference plane consisting of...
- Section 40:55d-103 - Manufactured Homes On Land With Title In Owner
A municipal agency may allow manufactured homes on land the title to which is owned by the manufactured home owner. L.1983, c. 386, s....
- Section 40:55d-104 - Prohibition Of Use By Municipal Agency Of Discriminatory Development Regulations To Exclude Or Restrict
A municipal agency shall not exclude or restrict, through its development regulations, the use, location, placement, or joining of sections of manufactured homes which...
- Section 40:55d-105 - Review And Approval Of Development Regulations By Municipal Agency; Determination Of Mobile Home Parks As Means Of Affordable Housing
When reviewing and approving development regulations pertaining to residential development, a municipal agency is to be encouraged to review those regulations to determine whether...
- Section 40:55d-106 - Trailers; Inapplicability Of Act
Trailers shall not be subject to the provisions of this act. L.1983, c. 386, s. 7, eff. Jan. 1, 1984, operative Dec. 22, 1983.
- Section 40:55d-107 - Historic Preservation Commission
a. The governing body may by ordinance provide for a historic preservation commission. b. Every historic preservation commission shall include, in designating the category...
- Section 40:55d-108 - Historic Preservation Commission Funded By Governing Body
22. a. The governing body shall make provision in its budget and appropriate funds for the expenses of the historic preservation commission. b. The...
- Section 40:55d-109 - Responsibilities Of Commission
The historic preservation commission shall have the responsibility to: a. Prepare a survey of historic sites of the municipality pursuant to criteria identified in...
- Section 40:55d-110 - Applications For Development Referred To Historic Preservation Commission
24. The planning board and board of adjustment shall refer to the historic preservation commission every application for development submitted to either board for...
- Section 40:55d-111 - Issuance Of Permits Pertaining To Historic Sites Referred To Historic Preservation Commission
25. If the zoning ordinance designates and regulates historic sites or districts pursuant to subsection i. of section 52 of P.L.1975, c.291 (C.40:55D-65), the...
- Section 40:55d-112 - "Landmark" As Substitute
The word "landmark" may substitute, in any ordinance, resolution, determination or official action pursuant to the "Municipal Land Use Law" (C. 40:55D-1 et seq.)...
- Section 40:55d-113 - Short Title
Sections 1 through 14 and 17 through 19 of this act shall be known and may be cited as the "Burlington County Transfer of...
- Section 40:55d-114 - Findings, Declarations
The Legislature finds and declares that as the most densely populated state in the nation, the State of New Jersey is faced with the...
- Section 40:55d-115 - Definitions
As used in this act: "Agricultural land" means land identified as prime, unique, or of State importance according to criteria adopted by the State...
- Section 40:55d-116 - Development Transfers
a. The governing body of any municipality in Burlington County may, by ordinance approved by the county planning board, provide for the transfer of...
- Section 40:55d-117 - Report; Infrastructure Plan; Amendment Of Master Plan, Land Use Regulations
Prior to the adoption of any development transfer ordinance, a municipality interested in adopting the ordinance shall: a. Prepare a report that includes the...
- Section 40:55d-118 - Designation Of Sending, Receiving Zones
The municipality shall, in view of the information gathered from the report and plans prepared pursuant to section 5 of this act, prepare a...
- Section 40:55d-119 - Development Transfer Ordinance
a. The development transfer ordinance shall provide for the issuance of such instruments as may be necessary and the adoption of procedures for recording...
- Section 40:55d-120 - Review Of Ordinance
a. Prior to adoption of the development transfer ordinance, the municipality shall submit a copy of the proposed ordinance, copies of all reports and...
- Section 40:55d-121 - Review, Recommendations By County Planning Board, Cadb, Office Of State Planning
a. Within 60 days of receiving the development transfer ordinance and accompanying documentation, the county planning board shall submit to the municipality formal comments...
- Section 40:55d-122 - Recording Of Transfer; Record To Assessor; Taxation
a. All development transfers shall be recorded in the manner of a deed in the book of deeds in the office of the Burlington...
- Section 40:55d-123 - 3-year, Six-year Reviews; Prevention Of Repeal
a. The development transfer ordinance shall be reviewed by the planning board and governing body of the municipality at the end of three years...
- Section 40:55d-124 - Repeal Of Development Transfer Ordinance
a. If the development transfer ordinance is repealed, the municipality shall, by ordinance, amend its master plan to reflect the repeal and shall provide...
- Section 40:55d-125 - Development Transfer Bank
a. The governing body of Burlington county or a municipality therein may provide for the purchase, sale, or exchange of the development potential that...
- Section 40:55d-125.1 - Solid Waste Facility Buffer Zone; Definitions
1. a. The governing body of any county authorized pursuant to law to establish a development transfer bank, and which has funded that bank...
- Section 40:55d-126 - Sale Of Development Potential
14. If the governing body of Burlington County provides for the acquisition of a development easement under the provisions of P.L.1983, c.32 (C.4:1C-11 et...
- Section 40:55d-127 - Right To Bargain For Equitable Interest
Notwithstanding any other provision of this act or of any other applicable law, nothing in this act shall be construed to limit or foreclose...
- Section 40:55d-128 - Farm Benefits Rights
Agricultural land involved in an approved development transfer ordinance shall be provided the right to farm benefits under P.L.1983, c.32 (C.4:1C-11 et al.) and...
- Section 40:55d-129 - Reports; Analysis
a. The governing body of a municipality which adopts a development transfer ordinance shall annually prepare and submit a report on the operation of...
- Section 40:55d-130 - Short Title
1. This act shall be known and may be cited as the "Permit Extension Act." L.1992,c.82,s.1.
- Section 40:55d-131 - Findings, Declarations
2. The Legislature finds and determines that: a. There exists a state of economic emergency in the State of New Jersey, which began on...
- Section 40:55d-132 - Definitions
3. As used in this act: "Approval" means any approval of a soil erosion and sediment control plan granted by a local soil conservation...
- Section 40:55d-133 - Extension Of Approval; Exceptions
4. a. For any government approval which expired or is scheduled to expire during the economic emergency, that approval is automatically extended until December...
- Section 40:55d-134 - Extension Of Project Exemption
5. a. (1) Except as otherwise provided in this section, nothing in this act shall have the effect of extending any project exemption granted...
- Section 40:55d-135 - Notice
6. State agencies shall, within 30 days after the effective date of this act, place a notice in the New Jersey Register extending all...
- Section 40:55d-136 - Liberal Construction
7. The provisions of this act shall be liberally construed to effectuate the purposes of this act. L.1992,c.82,s.7.
- Section 40:55d-136.1 - Short Title.
1.This act shall be known and may be cited as the "Permit Extension Act of 2008." L.2008, c.78, s.1.
- Section 40:55d-136.2 - Findings, Declarations Relative To Extension Of Certain Permits And Approvals.
2.The Legislature finds and declares that: a.The most recent national recession has caused one of the longest economic downturns since the Great Depression of...
- Section 40:55d-136.3 - Definitions Relative To Extension Of Certain Permits And Approvals.
3.As used in P.L.2008, c.78 (C.40:55D-136.1 et seq.): "Approval" means, except as otherwise provided in section 4 of P.L.2008, c.78 (C.40:55D-136.4), any approval of...
- Section 40:55d-136.4 - Existing Government Approval; Extension Period.
4. a. For any government approval in existence during the extension period, the running of the period of approval is automatically suspended for the...
- Section 40:55d-136.5 - Notice.
5.State agencies shall, within 30 days after the effective date of P.L.2008, c.78 (C.40:55D-136.1 et seq.), and within 30 days after the effective date...
- Section 40:55d-136.6 - Liberal Construction.
6.The provisions of this act shall be liberally construed to effectuate the purposes of this act, and any subsequent amendment and supplement thereto. L.2008,...
- Section 40:55d-137 - Short Title.
1.Sections 1 through 27 of this act shall be known and may be cited as the "State Transfer of Development Rights Act." L.2004,c.2,s.1.
- Section 40:55d-138 - Findings, Declarations Relative To Transfer Of Development Rights By Municipalities.
2.The Legislature finds and declares that as the most densely populated state in the nation, the State of New Jersey is faced with the...
- Section 40:55d-139 - Transfer Of Development Potential Within Jurisdiction.
3. a. The governing body of any municipality that fulfills the criteria set forth in section 4 of P.L.2004, c.2 (C.40:55D-140) may, by ordinance...
- Section 40:55d-140 - Actions Prior To Adoption, Amendment.
4.Prior to the adoption or amendment of any development transfer ordinance, a municipality shall: a.Adopt a development transfer plan element of its master plan...
- Section 40:55d-141 - Development Transfer Plan Element, Required Inclusions.
5.In order to serve as the basis for a development transfer ordinance pursuant to subsection a. of section 4 of P.L.2004, c.2 (C.40:55D-140), a...
- Section 40:55d-142 - Procedure For Municipality Located In Pinelands Area.
6. a. Any municipality located in whole or in part in the pinelands area, as defined in the "Pinelands Protection Act," P.L.1979, c.111 (C.13:18A-1...
- Section 40:55d-143 - Preparation, Amendment Of Development Transfer Ordinance.
7.A municipality which provides for the transfer of development as set forth in section 3 of P.L.2004, c.2 (C.40:55D-139) shall prepare or amend a...
- Section 40:55d-144 - Characteristics Of Sending Zone.
8. a. A sending zone shall be composed predominantly of land having one or more of the following characteristics: (1)agricultural land, woodland, floodplain, wetlands,...
- Section 40:55d-145 - Characteristics Of Receiving Zone.
9. a. A receiving zone shall be appropriate and suitable for development and shall be at least sufficient to accommodate all of the development...
- Section 40:55d-146 - Provisions Of Development Transfer Ordinance.
10.Except as otherwise provided in this section, a development transfer ordinance shall provide that, on granting a variance under subsection d. of section 57...
- Section 40:55d-147 - Issuance Of Instruments, Adoption Of Procedures Relative To Land Use.
11. a. A development transfer ordinance shall provide for the issuance of such instruments as may be necessary and the adoption of procedures for...
- Section 40:55d-148 - Real Estate Market Analysis.
12. a. Prior to the final adoption of a development transfer ordinance or any significant amendment to an existing development transfer ordinance, the planning...
- Section 40:55d-149 - Submission By Municipality Prior To Adoption Of Ordinance To County Planning Board.
13. a. Prior to adoption of a development transfer ordinance or of any amendment of an existing development transfer ordinance, the municipality shall submit...
- Section 40:55d-150 - Formal Comments, Recommendation Of County Planning Board.
14. a. Within 60 days after receiving a proposed development transfer ordinance and accompanying documentation transmitted pursuant to section 13 of P.L.2004, c.2 (C.40:55D-149),...
- Section 40:55d-151 - Review By Office Of Smart Growth.
15.When the Office of Smart Growth receives a petition pursuant to subsection c. of section 14 of P.L.2004, c.2 (C.40:55D-150), it shall review the...
- Section 40:55d-152 - Approval Of Municipal Petition; Appeal.
16.If the Office of Smart Growth determines, in response to a municipal petition submitted pursuant to subsection c. of section 14 of P.L.2004, c.2...
- Section 40:55d-153 - Transmission Of Record Of Transfer; Assessment; Taxation.
17. a. The county clerk or county register of deeds and mortgages, as the case may be, shall transmit to the assessor of the...
- Section 40:55d-154 - Rebuttable Presumption That Development Transfer Ordinance Is No Longer Reasonable.
18.The absence of either of the following shall constitute a rebuttable presumption that a development transfer ordinance is no longer reasonable: a.plan endorsement pursuant...
- Section 40:55d-155 - Review By Planning Board, Governing Body After Three Years.
19.A development transfer ordinance and real estate market analysis shall be reviewed by the planning board and governing body of the municipality at the...
- Section 40:55d-156 - Review After Five Years.
20.A development transfer ordinance and the real estate market analysis also shall be reviewed by the planning board and governing body of the municipality...
- Section 40:55d-157 - Periodic Reviews.
21.Following review of a development transfer ordinance as provided in section 20 of P.L.2004, c.2 (C.40:55D-156), the planning board and the governing body of...
- Section 40:55d-158 - Provision For Purchase, Sale, Exchange Of Development Potential.
22. a. The governing body of any municipality that has adopted a development transfer ordinance, or the governing body of any county in which...
- Section 40:55d-159 - Purchase By Development Transfer Bank.
23. a. A development transfer bank may purchase property in a sending zone if adequate funds have been provided for these purposes and the...
- Section 40:55d-160 - Sale Of Development Potential Associated With Development Easement.
24.If the governing body of a county provides for the acquisition of a development easement under the provisions of the "Agriculture Retention and Development...
- Section 40:55d-161 - Right To Farm Benefits.
25.Agricultural land involved in an approved development transfer ordinance shall be provided the right to farm benefits under the "Right to Farm Act," P.L.1983,...
- Section 40:55d-162 - Annual Report By Municipality To County; County To State.
26. a. The governing body of a municipality that adopts a development transfer ordinance shall annually prepare and submit a report on activity undertaken...
- Section 40:55d-163 - Construction Of Act Relative To Burlington County Municipalities.
27. a. Except as provided otherwise pursuant to subsections b. and c. of this section, the provisions of P.L.2004, c.2 (C.40:55D-137 et al.) shall...
- Section 40:56-1 - Local Improvements; Definition And Enumeration; Doing Work As General Improvement
A local improvement is one, the cost of which, or a portion thereof, may be assessed upon the lands in the vicinity thereof benefited...
- Section 40:56-1.1 - Parking Facilities
Any municipality may undertake, as a local improvement, the work of providing facilities for the parking of motor vehicles by the acquisition and improvement...
- Section 40:56-1.2 - Parking Facilities As Distinct Work Or In Connection With Parking Authority
Any such local improvement may be undertaken as a separate and distinct work or in connection with the creation of a parking authority pursuant...
- Section 40:56-1.3 - Laws Applicable
Whenever any such local improvement is undertaken, the provisions of the chapter to which this act is a supplement shall be applicable. L.1949, c....
- Section 40:56-1.4 - Clean Energy Special Assessment, Financing By Municipality.
1.Upon application to and approval by the Director of Local Government Services in the Department of Community Affairs, the governing body of a municipality...
- Section 40:56-2 - Connecting Streets With Streets In Adjoining Municipality; Considered A Local Improvement
Whenever the governing body of a municipality may deem it advantageous to lay out, open and construct a public street or highway through such...
- Section 40:56-3 - Improvement At Request And Expense Of Petitioners; Improvement By Owners; Cash Deposit
The governing body of a municipality may undertake any improvement mentioned in this chapter at the request of a number of petitioners who shall...
- Section 40:56-4 - Rejection Of Ordinance; New Ordinance
If any ordinance providing for any local improvement as defined by this article is rejected such rejection shall not be reconsidered and the ordinance...
- Section 40:56-5 - Single Ordinance For Several Improvements; Advertisement
An ordinance may provide for the making of several improvements not connected with each other and the notice of several local improvements not connected...
- Section 40:56-6 - Further Proceedings By Resolution
Whenever the governing body shall pass an ordinance for making any local improvement all further acts and proceedings necessary to carry out and complete...
- Section 40:56-7 - Acquisition Of Lands; Condemnation; Engineers, Officers And Employees
Any municipality may purchase, condemn, or otherwise acquire any real estate or right or interest therein, useful or necessary for the making of such...
- Section 40:56-8 - Acquisition Of Private Works And Property; Condemnation; Assessment For Benefits
Any municipality may acquire by purchase or condemnation any property or works mentioned in this article which at the time of such purchase or...
- Section 40:56-9 - Condemnation; Ordinance And Map; Abandonment Of Improvement; Payment Into Superior Court
Except as provided in article four of this chapter (s. 40:56-58 et seq.), as to cities of the first class, when an improvement ordinance...
- Section 40:56-10 - Copy Of Award Filed; Title Vested; Right Of Entry
Except as provided in article four of this chapter (s. 40:56-58 et seq.), as to cities of the first class, upon the acceptance of...
- Section 40:56-11 - Work Done By Municipality Or By Contract
All work or any portion thereof in connection with any local or general improvement may be done either by the municipality or by contract...
- Section 40:56-12 - Part Of Cost Paid By Municipality; Ordinance
The governing body may provide in any ordinance authorizing a local improvement that a certain proportion, or a definite and fixed amount of the...
- Section 40:56-13 - Appropriations For Local Improvements; Amount; Bonds And Notes; Fund
The governing body may from time to time fix and designate the amounts of money to be expended by the municipality for local improvements....
- Section 40:56-13.1 - Clean Energy Special Assessment, Financing Through Bonds.
2. a. Upon application to and approval by the Director of Local Government Services in the Department of Community Affairs, a municipality may adopt...
- Section 40:56-13.2 - Amounts Of Money To Be Expended For Improvements Established.
3. a. Upon application to and approval by the Director of Local Government Services in the Department of Community Affairs, the governing body of...
- Section 40:56-14 - General Appropriations; Contents Of Ordinance Or Resolution
The governing body may make general appropriations for a particular class of work or for any combination of classes of work set out in...
- Section 40:56-15 - Completion Of Improvements Already Begun
L.1917, c. 152, Art. XX, s. 52, p. 396, 1924 Suppl. s. 136-2052; section 52 of Article XX of an act entitled "An act...
- Section 40:56-16 - Choice Of Paving Materials; Advertisement For Bids; Hearing
The governing body, in any ordinance for the paving of a street or highway, may designate two or more kinds of material to be...
- Section 40:56-17 - Joint Municipal Improvements; Agreement; Contracts With County
Any two or more municipalities may unite in undertaking any one or more of the works mentioned in this article as a local or...
- Section 40:56-18 - Notice Of Intention To Make Contract
If any such work is to be undertaken as a local improvement, notice of the intention of any governing body to consider any ordinance...
- Section 40:56-19 - Apportionment Of Cost; Assessments For Benefits; Procedure
If such contract is authorized and executed the work shall proceed as provided therein. Upon the completion of such work if undertaken as a...
- Section 40:56-20 - Abandonment Of Improvement; Reimbursement Of Costs To Participants
When a municipality shall abandon a proposed improvement, or repeal the improvement ordinance, it shall make payment to owners and other parties who appeared...
- Section 40:56-20.1 - Limitation On Proceedings To Review Or Restrain Ordinance
No action or proceeding for injunctive or other relief shall be commenced to restrain or review an ordinance for any improvement after the contract...
- Section 40:56-21 - Assessments; By Whom Made; Board Of Assessments
All assessments for benefits for local improvements under this chapter shall be made by the officer or board charged with the duty of making...
- Section 40:56-22 - Assessment Commissioners; When Necessary; Appointment
Where no such board is provided for by law or by such ordinance, the governing body, upon the completion of any local improvement, may...
- Section 40:56-23 - Assessment Officer Or Members Of Board Or Commission; Oath; Vacancies; Compensation
The officer or members of the board or commissioners charged with the duty of making assessments for benefits under this chapter shall, before the...
- Section 40:56-24 - Costs Certified To Assessors; Contents Of Statement; Contributions; Total Assessment
Upon the completion of any local improvement the body in charge thereof shall immediately notify the officer, board or commissioners whose duty it is...
- Section 40:56-25 - Assessors To View Improvement; Notice Of Hearing
The officer, board or commissioners charged with the duty of making assessments for benefits for the improvement shall, when notified of its completion, examine...
- Section 40:56-26 - Hearing; Quorum; Amount Of Assessments Determined
The officer, board or commissioners making the assessment shall attend at the time and place appointed, and shall give all parties interested or affected...
- Section 40:56-27 - Assessments Proportionate To Benefits; Not To Exceed Benefits
All assessments levied under this chapter for any local improvement shall in each case be as nearly as may be in proportion to and...
- Section 40:56-28 - Incidental Damages; Amount Determined And Deducted; Damages Exceeding Benefits; Appeal
Except as provided in article 4 of this chapter (s. 40:56-58 et seq.), as to cities of the first class, in addition to the...
- Section 40:56-29 - Incidental Damages; Award Tendered; Payment Into Court In Certain Cases
When the owners of any property have been or shall have been awarded damages as incidental to any improvement, as distinguished from damages for...
- Section 40:56-30 - Report Of Assessors; Hearing; Final Report; Confirmation; Appeal
Except as provided in article 4 of this chapter (s. 40:56-58 et seq.) as to cities of the first class, assessments for benefits for...
- Section 40:56-31 - Duty Of Collector; Books And Records
Except as provided in article 4 of this chapter (s. 40:56-58 et seq.) as to cities of the first class, immediately after the confirmation...
- Section 40:56-32 - Interest On Unpaid Assessments
When any assessment shall not be paid within two months after the date of confirmation thereof interest thereon from the date of confirmation shall...
- Section 40:56-33 - Assessment As Continuous Lien; Informalities Not To Invalidate Proceedings.
40:56-33. Except as provided in article 4 of this chapter (s. 40:56-58 et seq.) as to cities of the first class, every assessment for...
- Section 40:56-34 - Assessment Set Aside; New Assessment A Lien; Refund
In all cases where any assessments for benefits incident to any improvement shall be set aside by a court of competent jurisdiction and the...
- Section 40:56-35 - Assessments, Payment In Installments; Delinquent Installments
40:56-35. The governing body may by resolution provide that the owner of any real estate upon which any assessments for any improvement shall have...
- Section 40:56-36 - Separate Account For Assessments; Sinking Fund
All assessments as collected shall be immediately placed in an account to be known as "local improvement assessment account" . Such moneys shall be...
- Section 40:56-37 - Municipality To Pay Excess Over Assessments; Taxation To Meet Excess; Report To Auditor
Where the total amount of the assessments does not equal the cost of an improvement the difference between the cost of the improvement and...
- Section 40:56-38 - Assessments For Benefits Not Affected By Annexation Or Consolidation
The annexation of the whole or a portion of a municipality to another municipality, or the consolidation of two or more municipalities, shall not...
- Section 40:56-39 - Mortgaged Lands Officially Held Treated As Other Property
All real estate that may be or may have been mortgaged to or owned by any officer of this state in his official capacity,...
- Section 40:56-40 - Limitation On Proceedings To Restrain Or Review Assessment Or Award
No action or proceeding for injunctive or other relief shall be commenced to restrain or review an assessment or award made for any improvement,...
- Section 40:56-41 - Former Actions Not Impaired
L.1921, c. 195, s. 6, p. 515 (1924 Suppl. s. 136-2058), being section six of an act entitled "An act to further amend an...
- Section 40:56-41.1 - Farmland Or Other Open Space Defined
As used in this act "farmland or other open space" means lands devoted to agricultural use which are qualified for assessment for property tax...
- Section 40:56-41.2 - Deferral Of Payment Of Assessment Against Farmland Or Other Open Space; Exception; Duration Of Deferral; Interest
a. When all or part of the cost of the installation of a local improvement, as defined in R.S. 40:56-1 is assessed against the...
- Section 40:56-41.3 - Lien; Filing Of Record
A record to the effect that the land is subject to the lien of a deferred local improvement assessment shall be filed and maintained...
- Section 40:56-41.4 - Nonenlargement Of Time Of Appeal Due To Deferral
Deferment of payment of a local improvement assessment pursuant to this act shall not enlarge the time within which the owner of the land...
- Section 40:56-41.5 - Burden Of Cost Of Local Improvement Subject To Deferral By Municipality
The costs of local improvements as to which payment of an assessment by the owner of the land is deferred pursuant to this act...
- Section 40:56-42 - Power Of Assessment
When proceedings have been commenced under this subtitle by a municipality for laying out, opening, or establishing a new street, road, avenue, alley, or...
- Section 40:56-43 - Proceedings Deemed A Local Improvement; Procedure In Certain Cases
Whenever proceedings have been commenced under article 4 of chapter 49 of this title (s. 40:49-13 et seq.), for any or all of the...
- Section 40:56-44 - Benefits Exceeding Award And Vice Versa; Excess A Lien.
40:56-44. Whenever, by the report and map of the officer or board charged with the duty of making assessments for benefits for local improvements...
- Section 40:56-45 - Payment Of Award; Payment Into Court In Certain Cases
When any award made under sections 40:56-43 to 40:56-47 of this Title is confirmed by the governing body the amount thereof, less deductions for...
- Section 40:56-46 - Title To Vest In Municipality Upon Payment; Copy Of Award Recorded; Map Filed
Upon the acceptance of any such award or payment of the same into the Superior Court, title to such real estate or interest therein...
- Section 40:56-47 - Appeal From Award; Procedure
Any owner or owners of real estate taken for such improvement, or of any interest in such real estate, may appeal, from the amount...
- Section 40:56-48 - Contracts With County For Road Improvements; Assessments For Benefits
Whenever any municipality shall enter into a contract under any law with the board of chosen freeholders of the county wherein such municipality is...
- Section 40:56-49 - Improvement Of Streets Part Of Highway
Any municipality may undertake as a local or general improvement the improvement and paving for its entire width from gutter to gutter of any...
- Section 40:56-50 - Contract With State And County For Road Improvement
The governing body of any municipality in which said improvement is undertaken may, by and with the consent of the state highway commission, enter...
- Section 40:56-51 - Payment Of Cost; Assessments For Benefits
The additional cost due to the increased width may be assessed upon the lands benefited by reason of such improvement and the assessments and...
- Section 40:56-52 - Power To Assess
When a main sewer or drain, or a sewage disposal plant, or an outlet or connecting sewer, either within or without the municipality, or...
- Section 40:56-53 - House Connections; Cost Assessed
In constructing sewers the governing body may lay or cause to be laid the necessary house connections from such sewer to the curb line...
- Section 40:56-54 - Appeals From Assessments And Awards Of Incidental Damages; Procedure.
40:56-54. Except as provided in article four of this chapter (s. 40:56-58 et seq.) as to cities of the first class, the owner of...
- Section 40:56-55 - Correction Without Appeal.
40:56-55. Except as provided in article four of this chapter (s. 40:56-58 et seq.) as to cities of the first class the tax collector...
- Section 40:56-56 - Appeal From Award In Condemnation Proceedings; Notice.
40:56-56. Except as provided in article four of this chapter (s. 40:56-58 et seq.) as to cities of the first class, the owner of...
- Section 40:56-57 - Condemnation Appeal; Procedure; Further Appeal
Except as provided in article four of this chapter (s. 40:56-58 et seq.) as to cities of the first class, the court to which...
- Section 40:56-58 - Condemnation; Ordinance And Map; Abandonment Of Improvement; Payment Of Award Into Court
In cities of the first class when an improvement ordinance shall require the taking of real estate or any right or interest therein, the...
- Section 40:56-59 - Copy Of Award Recorded; Title Vested; Right Of Entry
Upon the acceptance of any such award, or payment thereof into the Superior Court, title to the real estate or right or interest therein...
- Section 40:56-60 - Award; Collection
The report as confirmed by the Superior Court shall fix the amount to be recovered by the owner, and the awards may be enforced...
- Section 40:56-61 - Incidental Damages Ascertained And Certified; Payment Into Court
On the making of assessments for benefits, the officer or board, or majority of such board, shall also at the same time fix and...
- Section 40:56-62 - Assessments And Awards Certified To Superior Court; Confirmation Of Report.
40:56-62. Upon the making of any assessments for benefits and awards for incidental damages, the officer or board charged with the duty of making...
- Section 40:56-63 - Collection Of Assessments
Immediately after the delivery to the tax collecting officer of the city of a certified copy of the report and order or judgment, the...
- Section 40:56-64 - Assessments A Lien.
40:56-64. Every assessment for local improvements of any kind, together with interest thereon and all costs and charges connected therewith, shall upon the effective...
- Section 40:56-65 - Legislative Findings; Public Policy
a. The Legislature finds: (1) increases in population and automobile usage have created conditions of traffic congestion in business districts of New Jersey municipalities;...
- Section 40:56-66 - Definitions
2. As used in this act: a. "Pedestrian mall" or "pedestrian mall improvement" means any local improvement designed to be used primarily for the...
- Section 40:56-67 - Pedestrian Mall Or Special Improvement District As Local Improvement
In addition to the works enumerated in R.S. 40:56-1, any municipality may undertake development and maintenance of a pedestrian mall, or provide for the...
- Section 40:56-68 - Findings Necessary For Adoption Of Ordinance
a. A pedestrian mall ordinance may be adopted if the governing body of any municipality finds: (1) a street or part thereof is not...
- Section 40:56-69 - Ordinance; Provisions; Limitations
a. A pedestrian mall ordinance shall set forth the findings required by section 4, designate the streets or parts thereof to constitute a pedestrian...
- Section 40:56-70 - Resolution Of Governing Body Of Municipality; Feasibility Study
The governing body of any municipality may by resolution authorize the commencement of studies and the development of preliminary plans and specifications relating to...
- Section 40:56-71 - Adoption Of Ordinances
Upon review of the reports and recommendations submitted, an ordinance may be adopted authorizing and directing the establishment and maintenance of a pedestrian mall...
- Section 40:56-71.1 - Definitions Relative To Downtown Business Improvement Zones.
1.As used in this act: "Downtown business improvement zone" or "zone" means a zone designated by a municipality, by ordinance, pursuant to section 2...
- Section 40:56-71.2 - "Downtown Business Improvement Zone" Designation.
2.Any municipality which has adopted or adopts an ordinance authorizing the establishment of a special improvement district pursuant to section 7 of P.L.1972, c.134...
- Section 40:56-71.3 - Loan Fund Created.
3.There is created a nonlapsing downtown business improvement loan fund in the Department of Community Affairs, which shall be the repository for all moneys...
- Section 40:56-71.4 - Loan Purposes, Application, Requirements, Review.
4. a. The downtown business improvement loan fund shall be used for the purpose of assisting municipalities that establish downtown business improvement zones in...
- Section 40:56-71.5 - Assessments To Repay Loan.
5. a. In any instance in which a municipality or a district management corporation receives a loan from the downtown business improvement loan fund,...
- Section 40:56-71.6 - Rules, Regulations.
6.The Commissioner of Community Affairs shall promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) such rules and regulations as are...
- Section 40:56-71.7 - Study Of Effects.
7.The Department of Community Affairs shall conduct a study of the effects of P.L.1998, c.115 (C.40:56-71.1 et seq.), make a report of the study's...
- Section 40:56-72 - Financing And Assessment To Properties Especially Benefited; List
A pedestrian mall or special improvement district ordinance may provide that all costs of development, construction and acquisition relating to the creation of a...
- Section 40:56-73 - Operation And Maintenance; Assessment Or Taxation Of Costs To Benefited Properties; Name As Improvement District
If the governing body determines that the improvements will involve annual costs in addition to the initial cost of constructing and making the improvements,...
- Section 40:56-74 - Specifications For Construction
Notwithstanding any contrary provision of law, ordinance, code or regulation governing standards and specifications for street and sidewalk construction, a pedestrian mall or any...
- Section 40:56-75 - Police Powers And Other Rights And Powers Of Municipality Over Pedestrian Mall Or Special Improvement District
Notwithstanding the improvement of any street as a pedestrian mall or incident to a special improvement district, the municipality and its governing body shall...
- Section 40:56-76 - Condemnation; Procedures Incident To Development And Maintenance
Condemnation proceedings incidental to the development or maintenance of a pedestrian mall or special improvement district, as the case may be, are authorized and...
- Section 40:56-77 - Uses Of Mall Or Special Improvement District; Control And Regulation
a. Any pedestrian mall created pursuant to this act above, or any property of a special improvement district may be used, under the direction...
- Section 40:56-78 - Limitation On Liability For Injury To Person Or Property Due To Movable Structures, Appurtenances, Etc.
Any movable furniture, structure, facility or appurtenance or activity located or permitted in connection with a pedestrian mall improvement or special improvement district shall...
- Section 40:56-79 - Advisory Board; Members; Duties; District Management Corporation
The mayor or other chief executive officer of the municipality may create and appoint an advisory board, consisting of seven or more persons, at...
- Section 40:56-80 - Annual Report; Costs Of Operation And Maintenance And Annual Improvements; Hearing On And Approval Of Estimates; Assessments; Disposition Of Funds
a. Concurrently with the submission of a plan for a pedestrian mall improvement or special improvement district, and annually thereafter, the mayor or other...
- Section 40:56-81 - Additional Powers
The powers herewith granted are in addition to all powers under existing laws and municipality charters. L.1972, c. 134, s. 17, eff. Aug. 17,
- Section 40:56-82 - Severability
If any provision of this act or the application thereof to any person or circumstance is held invalid, such holding shall not affect other...
- Section 40:56-83 - District Management Corporation; Powers.
17. a. In addition to the powers otherwise conferred pursuant to this amendatory and supplementary act, a district management corporation may exercise those of...
- Section 40:56-84 - Annual Budget; Public Hearing; Amendment; Adoption By Municipal Governing Body
a. The district management corporation shall submit a detailed annual budget for approval by resolution of the municipal governing body. The budget shall be...
- Section 40:56-85 - Annual Licenses For Business Within Special Improvement District; Fees; Special Account
a. In lieu of, or in addition to, funding pursuant to section 16 of P.L.1972, c. 134 (C. 40:56-80) of the activities of the...
- Section 40:56-86 - Delegation Of Work By Municipality; Approval Of Work
The municipality may, by ordinance, delegate to the district management corporation the contracting of work to be done on any street or streets, or...
- Section 40:56-87 - Inclusion Of Pedestrian Mall Or Special Improvement District In Other Improvement Or Rehabilitation District
Nothing contained in P.L.1972, c. 134 (C. 40:56-65 et seq.) or in this amendatory and supplementary act shall prohibit a municipality from including a...
- Section 40:56-88 - District Management Corporation; Annual Audit.
22.The district management corporation shall cause an annual audit of its books, accounts and financial transactions to be made and filed with the governing...
- Section 40:56-89 - Annual Report To Municipal Governing Body
The district management corporation shall, within 30 days after the close of each fiscal year, make an annual report of its activities for the...
- Section 40:56a-1 - Commission; Appointment; Terms; Vacancies
Commission; appointment; terms; vacancies. The governing body of any municipality may by ordinance establish an environmental commission for the protection, development or use of...
- Section 40:56a-2 - Powers Of Commission
An environmental commission organized under this act shall have power to conduct research into the use and possible use of the open land areas...
- Section 40:56a-3 - Acquisitions By Commission
An environmental commission may, subject to the approval of the governing body, acquire property, both real and personal, in the name of the municipality...
- Section 40:56a-4 - Records And Annual Report
An environmental commission shall keep records of its meetings and activities and shall make an annual report to the governing body of the municipality....
- Section 40:56a-4.1 - Definitions Relative To Authorities, Boards, Commissions.
9. a. As used in this section: "Environmental authority, board, or commission" means an authority, board, commission, or other public body authorized by law...
- Section 40:56a-5 - Appropriation
The governing body of a municipality may appropriate funds for the expenses incurred by the environmental commission. The commission may appoint such clerks and...
- Section 40:56a-6 - Studies And Recommendations
An environmental commission shall have power to study and make recommendations concerning open space preservation, water resources management, air pollution control, solid waste management,...
- Section 40:56a-7 - Conservation Commission As Environmental Commission
Any conservation commission established pursuant to this act shall be an environmental commission. L.1972, c. 35, s. 8, eff. May 25, 1972.
- Section 40:56a-8 - Joint Environmental Commission; Creation By Ordinance; Members; Compensation
a. The governing bodies of two or more municipalities may, by adoption of substantially similar ordinances, create a joint environmental commission for the protection,...
- Section 40:56a-9 - Chairman; Qualifications; Term Of Office
A joint environmental commission shall elect its chairman, who shall hold no other public office or position, except that he may be a member...
- Section 40:56a-10 - Expenses; Apportionment; Appropriation
The proportion of the expenses of the joint environmental commission to be borne by each participating municipality shall be such as may be determined...
- Section 40:56a-11 - Functions, Duties And Powers
A commission created pursuant to this supplementary act shall have, with respect to all the participating municipalities, and to each of them, all the...
- Section 40:56a-12 - Succession Of Established Commission By Joint Commission; Transfers
If any municipality which has heretofore established an environmental commission under the act to which this act is a supplement shall enter into participation...
- Section 40:58-1 - Municipal Forestry; Establishment
The governing body of any municipality may use any of its lands for forest growth, and may cut and sell any timber found or...
- Section 40:58-2 - Land Used For Forestry
Any and all lands of any municipality used in accordance with the provisions of this chapter, shall be deemed to be used for public...
- Section 40:59-1 - Acquisition Of Lands And Buildings; Construction
The governing body may acquire and maintain market buildings and market facilities, or additional market buildings or market facilities, and may erect such building...
- Section 40:59-2 - Rents; Use Of Revenues; Deficiencies Met By Taxation
The body or board having charge of such market or markets may charge and collect reasonable fees for the use thereof and the revenue...
- Section 40:59-3 - Regulation Of Market
In any municipality where no board or body is provided by statute for the management of a public market, the governing body shall provide...
- Section 40:59-4 - Market Commissioner; Appointment, Term And Compensation
There may be created in each such municipality the office of market commissioner. The market commissioner shall be appointed by the governing body of...
- Section 40:59-5 - Market Commissioner; Duties
The market commissioner shall gather data, make investigations and obtain information as to prevailing prices of food-stuffs and shall daily publish in the municipality...
- Section 40:60-10 - Property Of Certain Societies Transferred In Trust To Municipality; Purposes
Whenever any school society or religious organization of this state owns real or personal property and, owing to the establishment and existence of free...
- Section 40:60-11 - Acceptance Of Property In Trust; Appointment Of Trustees
The governing body of any municipality which is or shall be the beneficiary of such a trust may accept it for the purposes set...
- Section 40:60-12 - Purchase Of Lands Adjoining Trust Lands; Bonds; Use Of Income And Proceeds
Any society or organization designated in section 40:60-10 of this title may sell to the municipality any lands owned by it and adjoining the...
- Section 40:60-13 - Municipality Not Liable For Misappropriation Of Funds
Nothing in sections 40:60-10 to 40:60-12 of this title contained shall be construed to make any municipality liable for the misappropriation of the funds...
- Section 40:60-14 - Property Held In Trust For Municipality; Appointment Of New Trustee
L.1900, c. 21, p. 37 (C.S. p. 3508, s. 211), entitled "An act relating to property held in trust for municipal corporations," approved March...
- Section 40:60-15 - Public Buildings As Memorials; Subscriptions
The governing body may by ordinance provide for the construction within the limits of the municipality, under the direction of a commission as hereinafter...
- Section 40:60-16 - Ordinance For Construction; Contributions To Be Paid Before Contract Executed
When the governing body shall determine by ordinance to erect any such public memorial building, provision therein shall be made for the acceptance by...
- Section 40:60-17 - Bonds; Annual Appropriation; Care And Maintenance
The memorial building shall be erected upon the land or site determined upon in all other respects in the same manner and with the...
- Section 40:60-18 - Commission To Supervise; Constituted; Powers And Duties
The governing body of any municipality undertaking such memorial construction shall include in such ordinance the names of five citizens thereof, one of whom...
- Section 40:60-19 - Treasurer Of Commission; Selection And Duties
The commission so appointed shall elect a treasurer, who shall be constituted the temporary depository of all funds raised by subscription or contribution. He...
- Section 40:60-20 - Treasurer's Bond
The treasurer shall give bond to the municipality, with a surety company authorized to do business in this state as surety, in the amount...
- Section 40:60-21 - Title; Funds Kept Separate; Disbursements
The site shall be acquired in the name of the municipality, and all funds appropriated or contributed for the purpose shall be paid into...
- Section 40:60-22 - Expenses Of Commissioners
The personal expenses of the commissioners in the work herein authorized shall be paid on the certification of the mayor or other chief executive...
- Section 40:60-23 - Plans And Specifications; Approval By Architect Or Engineer
The commission shall, if necessary, be authorized to employ the services of an architect or engineer, or both, to supervise the drawing of maps,...
- Section 40:60-24 - Existing Buildings For Public Memorials; Acquisition
The governing body may also provide by ordinance for the purchase of a building already erected within the limits of the municipality, together with...
- Section 40:60-25 - Buildings For Museum Of Arts And Sciences, Etc.; Federal Grants For Community Centers
The governing body may acquire by lease, gift, purchase or condemnation, or erect, maintain and equip such building or buildings as may be suitable...
- Section 40:60-25.1 - Public Parking Lots; Acquisition Of Land; Use Of Land; Leases
(A) Every municipality is hereby authorized and empowered to acquire, by gift, devise, purchase or condemnation or in any other lawful manner, lands, buildings...
- Section 40:60-25.2 - Lease Of Land For Parking Lot
Any municipality may acquire by lease or leases any land or lands therein, and entrances to and exits from any such lands, for the...
- Section 40:60-25.3 - Improvement And Maintenance; Employees
The governing body of any municipality may provide, by resolution, for the lighting, improvement and maintenance of any lands devoted to the public parking...
- Section 40:60-25.4 - Operating Expenses; Parking Fees
The rents and other costs and expenses incident to the improvement, lighting, maintenance and operation of any such public parking areas may be raised...
- Section 40:60-25.5 - Liability Of Municipality For Damages
No municipality shall, by virtue of its operation or maintenance of any such public parking area, be liable in damages to any person, firm,...
- Section 40:60-25.6 - Validation
All leases for the purpose of providing areas for the public parking of vehicles, the acquisition of lands by gift, devise, condemnation or purchase,...
- Section 40:60-25.7 - Definitions
The following terms, wherever used or referred to in this act, shall have the following respective meanings, unless a different meaning clearly appears from...
- Section 40:60-25.8 - Municipality May Purchase Property Exempt From Taxation Because Of State Contract
Any municipality in this State may purchase property exempt from local taxation because the owner enjoys the privilege of exemption from local taxation arising...
- Section 40:60-25.9 - Other Property May Also Be Purchased
In order to effect the purchase of the tax exempt property and, with the owner's consent, the extinguishment in perpetuity of the owner's privilege...
- Section 40:60-25.10 - Encumbrances
Any municipality purchasing property pursuant to this act, may take such property subject to leases, mortgages, liens, easements, agreements, covenants, servitudes, liabilities or other...
- Section 40:60-25.11 - Appropriations; Bonds And Notes
For the purpose of financing the acquisition of property pursuant to this act and the settlement, adjustment and discharge of leases, mortgages, liens, easements,...
- Section 40:60-25.12 - Intent Of Act; Validity Of Bonds And Notes
It is the intent of this act that the power to issue bonds and notes under this act and the validity of the bonds...
- Section 40:60-25.13 - Disposition Of Property; Repairs And Maintenance
The governing body of such municipality may apply to public use so much of the property acquired by it hereunder as may be needed...
- Section 40:60-25.14 - Surrender Of Tax Exemption
Any municipality purchasing or intending to purchase tax exempt property as provided in this act, may, by the same or a separate instrument, contract...
- Section 40:60-25.15 - Incidental Powers Of Municipality
As incidental to the purpose for which the tax exempt property is acquired, if any part of the tax exempt property to be acquired...
- Section 40:60-25.16 - Partial Invalidity
The sections and parts of sections included in this act are hereby declared to be independent sections and parts of sections; if any such...
- Section 40:60-25.17 - Inconsistent Acts Superseded
With respect to the subject matter of this act, this act shall supersede any other act or part of act inconsistent with any provision...
- Section 40:60-25.18 - Industrial Property; Management
In any municipality which shall have heretofore purchased or shall hereafter purchase property pursuant to the provisions of chapters two hundred six or two...
- Section 40:60-25.19 - Plant Management Commission; Members
The commission which shall be called the "Plant Management Commission" of the municipality, shall be composed of five members appointed respectively for terms of...
- Section 40:60-25.20 - Powers Of Commission
Within such limitations as may be prescribed by such governing body, the commission shall have power to manage, operate, maintain and otherwise deal with...
- Section 40:60-25.21 - Revenue From Plant Operations; Dedicated Funds
All rents and other revenues derived from the operation of any portion of the property shall be paid to the municipality, shall be deposited...
- Section 40:60-25.22 - Sale Of Plants; Proceeds Pledged To Payment Of Bonds Issued
In order further to secure the payment of the principal of bonds which such municipality may issue for the financing of the acquisition of,...
- Section 40:60-25.23 - Annual Reports By Commission
As of the first day of February in each year, the commission shall make a detailed financial report to such governing body as to...
- Section 40:60-25.24 - Terms And Conditions Of Leases Or Sales Of Plants; Approval Of Contracts
The commission may from time to time negotiate the terms, covenants, provisions and conditions of leases or sales, which sales may be in part...
- Section 40:60-25.25 - Employment Of Manager, Engineers, Etc.; Civil Service Applicable To Employees
The commission may employ a general manager, engineers, a secretary, counsel, and such other engineering, clerical, legal, accounting and other assistants as it may...
- Section 40:60-25.26 - Partial Invalidity
The sections and parts of sections included in this act are hereby declared to be independent sections and parts of sections; if any such...
- Section 40:60-25.27 - Autobus Terminals; Power To Establish; Leases; Conditions
The governing body of any municipality is hereby authorized and empowered to acquire by gift, grant, purchase, condemnation or in any other lawful manner,...
- Section 40:60-25.28 - Use Of Municipal Property
The governing body of any municipality in this State is hereby authorized to acquire, establish, construct, own, control, lease, equip, improve, maintain, operate and...
- Section 40:60-25.29 - Lands Declared To Be Acquired And Used For A Public Purpose; Eminent Domain
Any lands acquired, owned, controlled or occupied by such municipality for the purposes enumerated in sections one and two hereof shall and are hereby...
- Section 40:60-25.30 - Private Property; Purchase Or Condemnation; Bonds; Construction Cost A Municipal Charge; Fees; Rules And Regulations
Private property needed by any municipality for an autobus terminal shall be acquired by purchase if the municipality is able to agree with the...
- Section 40:60-25.31 - Property Acquired To Be Self-supporting And Taxable
To the end that affected taxing authorities may not suffer undue loss of taxes and assessments by reason of the acquisition and ownership of...
- Section 40:60-25.32 - Annual Appropriations
The governing body of any municipality to which this act is applicable having power to appropriate money therein may annually appropriate and cause to...
- Section 40:60-25.33 - Cemeteries Which Are Public Nuisances; Acquisition By Municipalities And Boards Of Education
Wherever there exists in any municipality of this State a burying ground or cemetery, owned and controlled by any church or other corporation, which...
- Section 40:60-25.34 - Cemeteries Detrimental To Public Health Or Morals; Possession By Municipality
Wherever there exists in any municipality of this State any burying ground or cemetery, owned or controlled by a church or other corporation, which...
- Section 40:60-25.35 - Investigation
Upon receiving such request from such corporation or such board of health, the board or body having charge or control of the finances of...
- Section 40:60-25.36 - Use For Park, School Purposes Or Other Public Uses
If such board or body having charge or control of the finances of such municipality should determine for the reasons aforesaid that the bodies...
- Section 40:60-25.37 - Proceedings Where Church Or Other Corporation Controlling Cemetery Is Unable Or Refuses To Convey
In case the application is made by the board of health, as provided in section two, and the church or other corporation controlling such...
- Section 40:60-25.39 - Determination
Upon good cause shown, the court may adjudge that the said burying ground or cemetery has become a public nuisance or is a detriment...
- Section 40:60-25.40 - Removal Of Bodies And Reburial; Records And Maps
Upon the execution of the deed referred to in section four or upon the making of the said adjudication, it shall be lawful for...
- Section 40:60-25.41 - Taking Of Possession
After the completion of the removal of said bodies the said municipality by any board or body therein by authority of the board or...
- Section 40:60-25.42 - Commissioners To Appraise Land; Notice
In case of the neglect or refusal or inability of such church or other corporation to convey such burying ground or cemetery in whole...
- Section 40:60-25.43 - Cost Of Removal Of Bodies And Of New Site; Lien; Payment Of Difference To Lot Owners
The said commission shall further ascertain the cost of the removal of the bodies from each of said lots and the cost of securing...
- Section 40:60-25.44 - Report; Objections; Notice
The said commissioners shall report to said court the appraised value of each of said lots or plots and other lands within said burying...
- Section 40:60-25.45 - Objections To Report
In case the owner of any lot or plot or other lands within said burying ground or cemetery shall feel aggrieved by the report...
- Section 40:60-25.46 - Borrowing Money; Bonds
The board or body having charge or control of the finances of such municipality or the board of education, as the case may be,...
- Section 40:60-25.51 - Acquisition Of Land And Buildings For Use By Municipality, County, State Or United States; Courts; Lease
The governing body of any municipality, in the name and on behalf of the municipality, may acquire, by gift, devise, purchase or condemnation, or...
- Section 40:60-25.52 - Financing Of Acquisition And Improvement; Acquisition Of Facilities For Use By County Or Courts
The governing body of the municipality may finance the acquisition and improvement of real estate for the purposes of this act by the adoption...
- Section 40:60-25.53 - Historic Sites; Acquisition And Maintenance
Any municipality may acquire by gift, purchase or condemnation, and maintain and improve any real estate or any interest therein, together with any and...
- Section 40:60-25.54 - Acquisition Of Lands For Future School Sites; Approval
The governing body of any municipality may acquire by gift, purchase or condemnation lands for use as future sites for public schools provided that...
- Section 40:60-25.55 - Future School Sites; Use For Public Purpose Pending Conveyance To Board Of Education
Any lands acquired by a municipality pursuant to section 1 may, pending subsequent conveyance to a board of education, be used for any public...
- Section 40:60-25.56 - Consideration For Conveyance To Board Of Education
The governing body may convey such lands to the board of education of the school district for such nominal or other consideration as shall...
- Section 40:60-25.57 - Acquisition Of Real Property For Use By State-operated College Of Medicine Or College Of Medicine And Dentistry
Any municipality in which a State-operated college of medicine or college of medicine and dentistry, is located, or proposed to be located, is hereby...
- Section 40:60-25.58 - Declaration Of Taking; Filing; Deposit Of Estimated Value; Surrender Of Possession; Notice; Amount Of Compensation
On or after the institution of an action by the municipality for condemnation of property and to fix the compensation to be paid for...
- Section 40:60-25.59 - Relocation Assistance Program; Services
(a) Any municipality which acquires, or seeks to acquire, real property pursuant to the provisions of this act for the purposes authorized herein shall...
- Section 40:60-25.60 - Payments To Displaced Persons, Business Concern Or Nonprofit Organization
Any municipality which acquires, or seeks to acquire, real property pursuant to the provisions of this act for the purposes authorized herein shall provide...
- Section 40:60-25.61 - Abandoned Burying Ground Or Cemetery; Application For Order Vesting Title In Municipality
The governing body of a municipality may apply, in accordance with the provisions of this act, to the Superior Court for an order vesting...
- Section 40:60-25.62 - Inquiry To Locate Owner; Certification
An application for an order vesting title to the abandoned burying ground or cemetery in the municipality shall include a certification by the clerk...
- Section 40:60-25.63 - Vesting Of Title In Municipality
The Superior Court may vest title to the burying ground or cemetery in the municipality upon its satisfaction that the person owning or controlling...
- Section 40:60-25.64 - Maintaining And Preserving Burying Ground Or Cemetery; Interments; Disinterments
This act shall apply only to the acquisition of an abandoned burying ground or cemetery for the purpose of restoring, maintaining and preserving it...
- Section 40:60-28 - Sale Of Vacated Street Land; Advertisement Unnecessary
Whenever any road, street, highway, lane or alley has been or shall hereafter be lawfully altered or relocated in such manner as to leave...
- Section 40:60-28.1 - Riparian Lands Purportedly Dedicated As Street; Sale When Not Needed
Whenever any municipality has received, or shall hereafter receive, title to riparian lands of which there has been a purported dedication as a public...
- Section 40:60-32 - Vacation Of Lands Dedicated To Public Use Other Than A Public Street; Referendum
Whenever within any municipality any lands dedicated or devoted, wholly or partially, to public use other than a public street, highway, lane, alley, square...
- Section 40:60-33 - Referendum; Notice And Publication
Public notice of the submission of the proposition shall be given by advertisements signed by the municipal clerk of and posted in at least...
- Section 40:60-34 - Ballot; Form And Content
The proposition to be submitted shall be placed upon the official ballots to be used at such election in substantially the following form: "To...
- Section 40:60-35 - Fee Restored To Owner To Be Absolute
After the adoption of the ordinance and proposition such vacation or extinguishment shall be and remain valid, and such lands shall, thereafter, be the...
- Section 40:60-36.1 - Lands Restricted To Beach And Park Purposes; Retention Or Disposition; Referendum; Optional Courses
In any municipality where lands have been conveyed to a municipality, and a valuable consideration has been paid therefor, with conditions, limitations and restrictions...
- Section 40:60-36.2 - Lands Conveyed With Conditions, Limitations And Restrictions; Election On Retention
In any municipality where lands have been conveyed to a municipality and no consideration has been paid therefor, with conditions, limitations and restrictions contained...
- Section 40:60-36.3 - Offer Of Reconveyance Of Lands Conveyed With Conditions And Restrictions
If a majority of the votes cast at such election are in favor of retaining said lands with said conditions, limitations and restrictions thereon,...
- Section 40:60-36.4 - Use Of Lands Conveyed With Conditions On Refusal Of Offer Of Reconveyance
If the person who conveyed the lands to the municipality refuses or neglects, for ninety days after tender of conveyance from the municipality, to...
- Section 40:60-40.6 - Reconveyance Of Unneeded Lands To Nonprofit Hospital Association
Whenever any municipality shall have acquired any lands for any public use from any duly incorporated nonprofit hospital association and the governing body of...
- Section 40:60-40.7 - Persons Whose Residential Improved Property Is To Be Acquired For Highway Or Other Public Purposes; Application To Buy Unneeded Lands
Any person who owns and resides in improved real property which is to be acquired by the Federal Government, the State, a county, municipality,...
- Section 40:60-40.8 - Ordinance Authorizing Sale; Price; Terms And Conditions
When the governing body of the municipality shall determine that such an owner or owners are qualified to make application pursuant to this act...
- Section 40:60-40.9 - Contents Of Notice Of Pendency Of Ordinance Resolution Authorizing Sale And Conveyance; Reversion Of Title
The published notice of the pendency of the ordinance shall contain the sale prices fixed for the parcels of real estate therein described and...
- Section 40:60-41 - Public Burial Grounds Devoted To Other Public Uses; Disinterment Of Bodies
The governing body of any municipality, wherein any lands are held by the municipality for burial purposes in trust for such use, may by...
- Section 40:60-46 - Leasing Municipally Owned And Operated Casino And Bathing Establishment; Referendum
Whenever in any municipality bordering on the Atlantic ocean, owning and operating a public casino, playground and bathing establishment, the owners of property therein,...
- Section 40:60-47 - Petition; Sufficiency
The question as to whether the signatures of the necessary two-thirds in amount of ratables have joined in the petition shall be determined by...
- Section 40:60-48 - Lease; Term
If the proposition shall be approved by a majority of the qualified voters of the municipality voting at the election, the governing body shall...
- Section 40:60-49 - Advertisement For Bids; Award
The letting thereof shall be advertised in a newspaper circulating in the municipality at least ten days prior to the receipt of bids, and...
- Section 40:60-49.1 - Lease Of Cultural Centers; Exemption Of Leasehold Interest From Taxation
The governing body of any city of the first class may lease any cultural center to a nonprofit corporation organized pursuant to Title 15...
- Section 40:60-50 - Transfer Of Municipal Property To Federal Government For National Park
Any municipality owning or holding lands devoted to or used for public recreation ground or park purposes or set apart and designated as a...
- Section 40:60-51 - National Park; Referendum If Voters Protest
The ordinance provided in section 40:60-50 of this title shall become operative ten days after the publication thereof after its final passage, unless within...
- Section 40:60-51.2 - Power To Waive Restrictions.
1.Any municipality is authorized and empowered, by resolution of the governing body thereof, to waive, release, modify or subordinate any terms, covenants, conditions, limitations...
- Section 40:60-51.5 - Waiver, Release Or Modification Of Covenants, Conditions Or Limitations As To Erection Of Buildings Or Use Of Land In Conveyances
Any municipality is authorized and empowered, by resolution of the governing body thereof, to waive, release or modify any covenants, conditions or limitations as...
- Section 40:60-51.7 - Sale Of Lands Acquired For Places Of Resort And Recreation
Whenever any municipality in this State shall heretofore have acquired lands for public purposes and for places of resort for public health and recreation...
- Section 40:60-51.8 - Burial Grounds For Indigents; Removal And Reinterment Of Bodies; Sale Of Land
Whenever a municipality owns lands which have been used for the burial of indigents but have not been used for such purposes for 20...
- Section 40:60-51.9 - Cost Of Removal And Reinterment
The cost of the removal of the bodies and of the acquisition of the lands wherein the bodies shall be reinterred shall be deemed...
- Section 40:60-51.10 - Applicability Of Act To Sales Of Land Previously Made
The provisions of this act shall be applicable to sales of such lands heretofore made as well as to those hereafter made and the...
- Section 40:60-51.12 - Leasing Of Municipal Real Estate To Nonprofit Entities
1.The governing body of any municipality may lease any real estate owned or controlled by it or any interest therein when, and to the...
- Section 40:61-1 - General Powers; Acquisition Of Property
The governing body of any municipality may: Parks, playgrounds, beaches and resorts. a. Acquire, lay out, improve, embellish and maintain, within and without the...
- Section 40:61-2 - Sale Or Donation Of Park Lands To State; Reversion By Nonuse; Provisos
The governing body may sell, or give to the state of New Jersey, for military or armory purposes, or both, any real estate heretofore...
- Section 40:61-3 - Return Of Certain Unused Lands To Municipality By Park Commissions
Whenever any municipality has, prior to April seventh, one thousand nine hundred and thirty-one, transferred to any park commission the care, custody and control...
- Section 40:61-4 - Entertainments To Raise Funds For Improvement And Maintenance; No Charge For Children
The body in control of any playground or place of public resort and recreation of any municipality, in order to provide funds for improving,...
- Section 40:61-5 - Use By School Children; Admission Fee; Exceptions
The body or authority having control of any public park, playground or other public place or property in any municipality may permit the same...
- Section 40:61-6 - Library, Art Gallery And Museum In Parks; Site; Control
A public library, art gallery, or museum, may be constructed or maintained in any public park or square in any municipality. The board or...
- Section 40:61-7 - Memorial Buildings In Parks; Ordinance Authorizing; Referendum
In case any municipality shall have heretofore acquired or shall hereafter acquire by purchase, gift, devise, dedication or otherwise any lands or property for...
- Section 40:61-8 - Referendum; Notice And Publication
The municipal clerk shall give public notice of the time, place and object of the special election by advertisement set up at least ten...
- Section 40:61-9 - Conduct Of Election
The election shall be by ballot and shall be conducted by the election officers of the municipality at the regular polling places, and shall...
- Section 40:61-10 - Ballot; Form And Content; Ordinance Adopted
The proposition shall be printed upon the official ballots in substantially the following form: "To vote upon the public question printed below, if in...
- Section 40:61-11 - Relocation Of Streets Or Railways; Cost; Exchange Of Lands
Wherever any highway, railroad or street railway runs through or across any public park, or public place for resort or recreation of any municipality,...
- Section 40:61-12 - Ordinances Regulating Railways In And Through Parks
No steam, or other railroad or railway, shall be laid, or maintained or operated upon or over any part of any of the parks,...
- Section 40:61-13 - Park Lands Held By Trustees; Agreement With Trustees; Enforcement
When a park or public place, the title of which is in trustees, is within the corporate limits of a municipality, the governing body...
- Section 40:61-14 - Contribution To Maintenance Of Park Lands Held By Trustees
Any such municipality, without taking title to such park may appropriate such sum or sums of money as the governing body shall think proper...
- Section 40:61-15 - Conveyances Of Burial Grounds To Municipalities For Parks
Any religious corporation which prior to July fourth, one thousand nine hundred and five, had acquired lands in this state on condition that the...
- Section 40:61-16 - Burial Grounds Conveyed; Acceptance And Use By Municipality
Any municipality may receive, hold and maintain any lands so conveyed, and embellish and improve the same, from time to time, for the purposes...
- Section 40:61-17 - Recreation Commission; Creation
The governing body of any municipality may create a commission of three persons to be known and designated as the recreation commission of (name...
- Section 40:61-18 - Commissioners; Term And Compensation
The commissioners appointed to the recreation commission in any municipality shall hold office for such period of time and receive such compensation as may...
- Section 40:61-19 - Recreation Commissioners; Powers
For the purpose of arranging and providing for the things enumerated in section 40:61-17 of this title, the commission may: a. Purchase or otherwise...
- Section 40:61-20 - Bond Issue; State And Federal Aid
The commission may, in the manner provided by article 1 of chapter 1 of this title (s. 40:1-1 et seq.), borrow money and incur...
- Section 40:61-21 - Lease Of Premises For Contests And Exhibitions
The commission may lease, let, rent or hire to any person the lands and buildings, or any part thereof, acquired by it, together with...
- Section 40:61-22 - Rules And Regulations; Quorum
The commission may make all the necessary rules for its regulation and to generally supervise and control all activities sponsored or arranged and provided...
- Section 40:61-22.1 - Conveyance Of Land To County Park Commission
When a municipality shall have purchased or otherwise acquired land for park use, or for other public use or uses, which, in the opinion...
- Section 40:61-22.2 - Sale Of Reclaimed Lands Abutting Park Lands
Whenever a municipality has reclaimed lands under water, fronting or abutting park lands and such reclaimed lands have been bulkheaded and filled and are...
- Section 40:61-22.3 - Public Sale To Highest Bidder; Advertisement; Minimum Price; Adjournment
All such sales shall be by public sale to the highest bidder, after public advertisement thereof in a newspaper circulating in the municipality in...
- Section 40:61-22.4 - Lease Of Lands When Fixed Minimum Price Not Bid
In the event that there shall be no bids or the amount bid at such public sale shall not equal the minimum price fixed...
- Section 40:61-22.5 - Use Of Proceeds Of Sale Or Lease
The proceeds of the sale or leasing of any property under this act shall be used for the retiring of any bonds issued for...
- Section 40:61-22.6 - Public Golf Course And Other Recreational Facilities; Acquisition Of Property
1. The governing body of any municipality may lease, or may acquire, in fee or less estate, by gift, devise, grant or purchase any...
- Section 40:61-22.7 - Maintenance, Improvement And Operation; Buildings, Structures And Equipment
The governing body of any municipality may preserve, care for, lay out, construct, maintain, improve, and operate any land or real estate it may...
- Section 40:61-22.8 - Taxes And Bonds
The money necessary to pay for the lands, rights, or interest therein acquired for a public golf course and for such other recreational, playground,...
- Section 40:61-22.9 - Commission To Supervise And Control
The governing body of any municipality may provide by ordinance for the appointment of a board of commissioners to consist of not more than...
- Section 40:61-22.10 - Appropriation By Governing Body
The governing body of any municipality may annually appropriate money to be raised by taxation to develop, maintain, and operate a public golf course...
- Section 40:61-22.11 - Fees, Rents And Charges
The governing body of any municipality may establish, charge, and collect reasonable fees, rents or other charges for admission to, use or enjoyment of...
- Section 40:61-22.11a - Municipal Golf Courses
Any municipality which has received federal or State funds for the acquisition or development of public golf courses and which offers reduced senior citizen...
- Section 40:61-22.12 - Rules And Regulations
The governing body of any municipality may by ordinance make, alter, amend, and repeal rules and regulations for the supervision, regulation and control of...
- Section 40:61-22.13 - Actions For Violations; Enforcement Of Rules
The magistrate having jurisdiction over actions for the violation of other municipal ordinances shall have jurisdiction in actions for the violation of any such...
- Section 40:61-22.14 - Fines And Penalties; Part Of Municipal Funds
All moneys collected either as fines or penalties for violation of a rule or regulation shall become part of the funds of the municipality....
- Section 40:61-22.15 - Lease Of Lands And Buildings Acquired For Public Golf Course And Other Recreational Uses
Whenever any municipality has acquired by purchase any land within or without the municipality for use as a public golf course and for such...
- Section 40:61-22.16 - Bids For Leases
Any lease executed hereunder shall be upon competitive bids following public advertisement therefor, in a newspaper circulating in the municipality, at least once, not...
- Section 40:61-22.17 - Power Conferred Is Additional
The power conferred in this act is in addition to those given by any other law or laws. L.1952, c. 320, p. 1043, s....
- Section 40:61-22.18 - Cities Within First Class Counties; Streets Through Public Parks; Widening Streets
In any city located within the territorial limits of a county of the first class the governing body of such city is authorized by...
- Section 40:61-22.19 - Rights, Liens, Interests, Reversionary Claims Or Easements In Park; Acquisition By City
In the event that the said public park should be subject to any rights, liens, interests, reversionary claims or easements, the governing body is...
- Section 40:61-22.20 - Municipal Control Over Beaches, Etc.; Fees.
1. a. The governing body of any municipality bordering on the Atlantic Ocean, tidal water bays or rivers which owns or shall acquire, by...
- Section 40:61-22.21 - Swimming Pools And Other Recreational Facilities
The governing body of any municipality may acquire, establish, construct, own or lease, control, equip, improve, maintain, operate and regulate one or more public...
- Section 40:61-22.22 - Acquisition Of Property
The governing body of any municipality may lease, or may acquire, in fee or less estate, by gift, devise, grant or purchase, any land...
- Section 40:61-22.23 - Taxation And Bonds
The money necessary to pay for the lands, rights, or interest therein acquired for a public swimming pool and for such other recreational, playground,...
- Section 40:61-22.24 - Supervision, Maintenance, Operation And Regulation
The governing body of any municipality may assign the general supervision and control over the maintenance, operation and regulation of any such public swimming...
- Section 40:61-22.25 - Annual Appropriation
The governing body of any municipality may annually appropriate money to be raised by taxation to develop, maintain and operate a public swimming pool...
- Section 40:61-22.26 - Fees, Rents Or Other Charges
The governing body of any municipality may establish, charge, and collect reasonable fees, rents or other charges for admission to, use or enjoyment of...
- Section 40:61-22.27 - Rules And Regulations
The governing body of any municipality may, by ordinance, make, alter, amend and repeal rules and regulations for the supervision, regulation and control of...
- Section 40:61-22.28 - Violations Of Rules And Regulations
The magistrate having jurisdiction over actions for the violation of other municipal ordinances shall have jurisdiction in actions for the violation of any such...
- Section 40:61-22.29 - Fines Or Penalties, Disposition
All moneys collected either as fines or penalties for violation of a rule or regulation shall become part of the funds of the municipality....
- Section 40:61-22.30 - Agreements For Construction Of Facilities; Approval Of Plans, Specifications And Location
The body or authority having control of any public park, playground or other public place or property in any municipality may enter into an...
- Section 40:61-23 - Sale Or Lease Of Park Lands To Adjoining Municipalities; Joint Ownership
Any municipality owning park lands adjoining park lands of another municipality, may convey to such other municipality any or all of its lands so...
- Section 40:61-24 - Contracts Relative To Contiguous Parks
In case any part of any park, heretofore or hereafter established by any municipality under this chapter, shall be or shall become contiguous to...
- Section 40:61-25 - Parks Wholly Or Partly Within Other Municipalities; Regulation Of
Should any park or place of public resort and recreation, now or hereafter established by any municipality under this chapter, be situated partly within...
- Section 40:61-26 - Power Of Police To Arrest
Every police official of any municipality, whether a park policeman or otherwise, shall have the same powers of arrest in all parts of any...
- Section 40:61-27 - Joint Parks On Banks Of Streams; Joint Contract
Any municipality may contract with any other municipality for the improvement of the banks and shores of waters as places of public resort and...
- Section 40:61-28 - Joint Parks Along Lakes; Establishment
Any two or more municipalities lying within adjacent counties, may acquire by lease, gift, purchase, condemnation or otherwise, lands, lakes, ponds, streams, rights of...
- Section 40:61-29 - Adopting Ordinance
In order to acquire lands, lakes, ponds, streams, rights of flowage and other rights for use for public park purposes, the governing bodies of...
- Section 40:61-30 - Commissioners; Appointment; Number
The governing bodies of the several municipalities may, by resolution, appoint one person for each one thousand of population and fraction thereof over five
- Section 40:61-31 - Commissioners; Term And Organization; Vacancies
The persons appointed under the provisions of section 40:61-30 of this title shall be known and designated as the (name to be chosen by...
- Section 40:61-32 - Commission; General Powers; Bond Issues; Officers And Employees
The commissioners shall be a body politic and corporate and shall have power to sue and be sued, complain or defend in any court,...
- Section 40:61-33 - Condemnation Proceedings
If it shall become necessary to take condemnation proceedings to acquire any lands, lakes, ponds, streams, flowage and other rights the procedure shall be...
- Section 40:61-34 - Costs Apportioned; Annual Report; Money Turned Over To Commission
The cost of acquiring any lands, lakes, ponds, streams, flowage and other rights, as well as the cost of the maintenance thereof as a...
- Section 40:61-35 - Authority Here Conferred Deemed Additional
The provisions of sections 40:61-28 to 40:61-34 of this title shall not repeal any other legislation or affect any proceedings thereunder for the purchase...
- Section 40:61-36 - Leasing Of Parks, Etc. Authorized; Period Of Leases
The governing body of every municipality bordering on the Atlantic ocean may lease, rent or hire, the whole or any part of any public...
- Section 40:61-37 - Leasing Of Privileges
The governing body may let out to any person, any privileges in any public parks, recreation grounds or places of public resort, upon such...
- Section 40:61-38 - Lease Voided Upon Violation Of Terms
Upon the violation of the terms upon which any lease or privilege is granted, the same shall become void and such governing body shall...
- Section 40:61-39 - Letting To Highest Bidder
Any such letting shall be to the highest responsible bidder therefor.
- Section 40:61-40 - Advertisement For Bids
Any such letting shall be advertised in some newspaper circulating in the municipality at least ten days prior to the receipt of bids.
- Section 40:61-41 - Power Deemed Additional
The power conferred in this article is in addition to those given by any other law or laws.
- Section 40:62-1 - Accounts; Supervision By Board Of Public Utility Commissioners
Every municipality operating any form of public utility service shall keep the accounts thereof in the manner prescribed by the board of public utility...
- Section 40:62-2 - Records Pertaining To Utilities; Report To Public Utility Commissioners; Standards Of Operation And Service
Any municipality engaged in the business of operating any light, heat or power plant or works or engaged in the business of transportation, shall,...
- Section 40:62-3 - Ordinance Authorizing Sale Or Lease; Laws Governing.
40:62-3. Any municipality owning a sewer plant, water plant, heat, light or power plant, system of transportation, or other public utility plant or system,...
- Section 40:62-3.1 - Transfer Of Water Utility System Serving Less Than 5% Of Population; Ordinance; Authorization; Terms; Approval
If the governing body of any municipality shall deem it advisable in the interests of public health and safety to transfer a municipal water...
- Section 40:62-4 - Resolution Authorizing Sale Or Lease; Advertisement For Bids
If the governing body of any such municipality shall deem it advisable to lease or sell any such plant or system it shall by...
- Section 40:62-5 - Ordinance Providing Referendum; Ballot; Form And Content
Upon the receipt of bids the governing body may adopt an ordinance providing for the lease or sale of the property. The ordinance shall...
- Section 40:62-6 - Use Of Proceeds Of Sale Or Lease; Investment Pending Use
All rentals received under any such lease shall be applied by the municipality in the same manner as provided by law for the application...
- Section 40:62-7 - Establishment; Lands And Buildings; Acquisition And Construction; Use And Regulation
The governing body may establish, maintain and operate a municipal abattoir, and for that purpose may acquire, by gift, devise, purchase, condemnation or lease,...
- Section 40:62-8 - Joint Municipal Airports
In addition to any and all other powers, the governing bodies of any two or more municipalities may acquire jointly by gift, purchase, condemnation,...
- Section 40:62-9 - Bonds To Be Obligations Of Single Municipality
To meet the cost of such acquisition and construction such municipalities are severally authorized to incur indebtedness pursuant to the provisions of article 1...
- Section 40:62-10 - Establishment; Appropriation; Lands, Buildings And Equipment
Any municipality may, after making the necessary appropriation therefor, acquire by purchase, gift, condemnation or lease, such lands and buildings as may be needed...
- Section 40:62-11 - Management; Prices Fixed; Ordinances And Resolutions
The governing body may make, enforce, amend or repeal ordinances providing for the establishment, control and regulation of either or both such businesses, and...
- Section 40:62-12 - Municipal Gas, Steam And Electricity Plants; Establishment And Equipment; Consent Of Other Municipalities; Procedure On Refusal
Any municipality may purchase, condemn, take, have and hold all real or personal property, within or without the corporate limits of the municipality, necessary...
- Section 40:62-13 - Officers And Employees; Ordinances To Regulate Use Of Facilities; Rate Fixing
The governing body may elect all officers, agents, engineers, employees or committeemen necessary to be employed in the maintenance and operation of any such...
- Section 40:62-14 - Rents A Lien; Collection And Enforcement
The rates, rents, or charges shall remain, until paid, municipal liens against the property and premises where such light, heat or power is furnished,...
- Section 40:62-15 - Referendum; Petition; Submission By Governing Body
No municipality shall acquire or construct any light, heat or power plant or works until a majority of the legal voters voting at an...
- Section 40:62-16 - Copy Of Resolution; Service
A certified copy of the resolution shall be immediately served upon the officer charged with the duty of preparing the ballots used at the...
- Section 40:62-17 - Ballot; Form And Content
Such officer shall in the manner provided by law place the question upon the ballots used at the next general election in the municipality...
- Section 40:62-18 - Notice And Conduct Of Election
The election shall be advertised, held, and conducted in accordance with the general laws relating to elections.
- Section 40:62-19 - Procedure After Adoption
If a majority of the legal voters voting upon such question shall vote YES, the governing body shall proceed in accordance with the provisions...
- Section 40:62-20 - Second Election
Notwithstanding any previous vote may have been had under the provisions of section 40:62-15 of this title any question authorized hereby may be submitted...
- Section 40:62-21 - Contracts To Supply Light, Heat And Power
Subject to the approval of the board of public utility commissioners, any municipality owning and operating a plant for supplying light, heat or power...
- Section 40:62-22 - Extension Of Plants
The municipality may construct, maintain and operate additions and extensions to the plant and distributing system of the municipality, and do such acts and...
- Section 40:62-23 - Municipality Serving County Or Other Municipality Treated As Private Corporation
No municipality shall enter into any contract or supply any electricity, gas, steam or other product to any adjoining municipality or the inhabitants thereof,...
- Section 40:62-24 - Municipality Serving Others Deemed Public Utility; Control By Board Of Public Utilities; Rate Structure
Every municipality in supplying electricity, gas, steam or other product beyond its corporate limits is hereby declared to be a public utility. The Board...
- Section 40:62-25 - Contracts For Supply Of Light, Heat And Power; Duration
Any municipality may enter into a contract with any corporation supplying light, heat or power, or a supply of such light, heat or power,...
- Section 40:62-25.1 - Joint Acquisition, Maintenance And Operation Of Electrical Generation Facilities; Contracts
In addition to any other powers provided in this article or conferred by any other law, and not in limitation thereof, any municipality owning...
- Section 40:62-25.2 - Duration Of Contract; Ownership And Control Of Facilities
Any such contract may be made by a municipality, notwithstanding any other provisions in this article contained, for a period not to exceed the...
- Section 40:62-25.3 - Bonds Or Anticipation Notes To Finance
For the purpose of financing that part of the cost of acquisition or construction of such joint facilities attributable to it, and to meet...
- Section 40:62-25.4 - Construction Of Act; Application Of Laws On Public Contracts
This act shall be construed liberally to effect the legislative determination and intent, hereby declared, that municipalities of the State, in furtherance of their...
- Section 40:62-25.5 - Severability
If any section, subsection, clause or provision of this act shall be adjudged unconstitutional or ineffective in whole or in part, to the extent...
- Section 40:62-25.6 - Municipality Providing Heat, Light Or Power, Electronic Billing, Payment, Permitted.
3.Upon the request of a customer, a municipality providing heat, light or power may: a.offer the customer the ability to receive or access, in...
- Section 40:62-26 - Municipal Radio Broadcasting Stations; Bonds
The governing body of any municipality may by ordinance provide and maintain a municipal radio broadcasting station to advertise its advantages, and in connection...
- Section 40:62-27 - Separate Fund For Radio Stations Or Convention Halls In Certain Municipalities
In any municipality bordering upon the Atlantic ocean maintaining a municipal radio broadcasting station or a municipal convention hall, or both, which station or...
- Section 40:62-28 - Income Placed In Separate Fund; Control Of Fund
The ordinance shall provide that all income from such station or hall, or both, shall be placed in a separate fund under the joint...
- Section 40:62-29 - Use Of Income; Reserves
From such income may be expended operating costs of such station or hall. Reserves may be set up to provide for the nonproductive or...
- Section 40:62-30 - Surplus Used To Meet Bonds
From the surplus of the income of such station or hall there may from time to time be taken such amounts as may, in...
- Section 40:62-31 - Accounts And Audits
A complete system of accounts covering all income and all expenditures shall be maintained by the authority operating the station or hall and shall...
- Section 40:62-32 - Income Defined
The income from such station or hall, or both, shall be taken to include all rentals for services performed by such broadcasting station or...
- Section 40:62-33 - Expenditures Defined; Payment Of Debts In Instalments
The expenditures shall include the cost of maintenance, upkeep and operation of the station or hall, or both, salaries, heat, light and power, advertising,...
- Section 40:62-34 - Income Not Part Of Municipal Funds; Management; Inapplication Of "Local Budget Law"
The income herein referred to shall not be deposited in the municipal treasury and shall not become a part of the general finances of...
- Section 40:62-34.1 - "Municipal Convention Hall Budget" And "Municipal Radio Broadcasting Station Budget" In Municipalities Of 60,000 Or Over
The governing body of any municipality having a population of sixty thousand or more operating under the provisions of sections 40:62-27 to 40:62-34, inclusive,...
- Section 40:62-34.2 - Objections To And Hearing On Budgets
Following the preparation of the budgets set forth in section one, the governing body shall at a public hearing, grant to taxpayers and other...
- Section 40:62-34.3 - Time And Place Of Hearing; Notice
The governing body shall cause to be prepared and shall approve the budget prior to the public hearing and shall fix the time when...
- Section 40:62-34.4 - Adjournment Of Hearing; Adoption Of Budget; Alteration Or Amendment; Notice
The hearing on the budget shall be held at the time and place specified in the published notice, but may be adjourned from time...
- Section 40:62-34.5 - Time Limit For Adoption
The aforesaid budgets shall be adopted not later than the fifty-fifth day after the beginning of the budget year. L.1939, c. 304, p. 735,...
- Section 40:62-34.6 - Contents Of Budget
The aforesaid budgets shall consist of (a) a tabulated and an itemized statement of all anticipated revenues from the sources provided for in section...
- Section 40:62-34.7 - Appropriations To Be Itemized
The appropriations for all expenditures shall be itemized according to the respective object and purpose for which they are to be expended. L.1939, c....
- Section 40:62-34.8 - Emergency Appropriations
Any municipality, by resolution, declaring an existence of an emergency adopted by a vote of two-thirds of all the members of the governing body...
- Section 40:62-34.9 - Improvement Of Convention Hall By Municipalities Bordering On Ocean; Issuance Of Special Emergency Notes
The governing body of any municipality bordering upon the Atlantic ocean, maintaining a municipal convention hall, which shall provide by ordinance for the improvement...
- Section 40:62-34.10 - Filing Of Ordinance And Statement Of Financing Plan With Division Of Local Government
The governing body of any such municipality, wherein such ordinance is adopted, shall file or cause to be filed with the Division of Local...
- Section 40:62-34.11 - Special Emergency Notes As General Obligation Of Municipality; Tax Levy
The Special Emergency Notes to be issued for the indebtedness of the municipality amounting to $2,000,000.00, together with all interest thereon shall be a...
- Section 40:62-34.12 - Sale Of Notes; Interest Rate
The $2,000,000.00 to be borrowed by the municipality in 1960 may be obtained at either private or public sale, notwithstanding any other provision of...
- Section 40:62-35 - May Carry Goods And Passengers; Acquisition Of Lands, Buildings And Equipment
Any municipality may engage in the business of transportation of passengers and property within the municipality by whatever means it may decide, and may...
- Section 40:62-36 - Referendum; Petition; Submission By Governing Body
No municipality shall engage in the business of transportation until a majority of the voters thereof, voting at an election as hereinafter in this...
- Section 40:62-37 - Copy Of Ordinance Served; Ballot; Form And Content
The clerk of the governing body shall, immediately after the ordinance becomes effective, serve upon the officer charged with the duty of preparing the...
- Section 40:62-38 - Notice And Conduct Of Election
The election on the question shall be conducted in all respects and the result canvassed and certified in the manner provided by law.
- Section 40:62-39 - Procedure After Adoption
If a majority of the legal voters voting upon the question shall vote YES, the governing body shall have power and shall proceed to...
- Section 40:62-40 - Second Election
Notwithstanding any previous vote may have been had under the provisions hereof any question authorized hereby may be submitted to the legal voters of...
- Section 40:62-41 - Officers And Employees; Duties, Compensation And Removal; Rates And Regulations
The governing body may elect all officers, agents, engineers, employees or committeemen necessary to be employed in the construction, maintenance and operation of any...
- Section 40:62-42 - Contract For Work And Materials; Requirements
All contracts for any work, material or labor in connection with such transportation shall be let in the manner provided by law for the...
- Section 40:62-43 - Contracts For Power
Any municipality engaging in the business of transportation may make a contract with any corporation or municipality furnishing power, for a supply of such...
- Section 40:62-44 - Extension Of System; Referendum; When Necessary
Any municipality engaging in the business of transportation may extend any system of transportation. No extension of any route or routes of such system...
- Section 40:62-45 - Lease Of System; Term; Referendum
The governing body may lease any system of transportation acquired by the municipality under this article to any person who will contract to operate...
- Section 40:62-46 - Joint Municipal Transportation System; Contracts
Any municipality engaging in the business of transportation may contract with any other municipality or municipalities engaged in the same business, to operate a...
- Section 40:62-46.1 - Cities Of Second Class In Counties Of Second Class; Public Transportation Service
Any city of the second class in any county of the second class may undertake to provide public transportation service and to operate a...
- Section 40:62-46.2 - Contracts For Operation Of Public Transportation Service
Any such city of the second class in any county of the second class may provide transportation service and operate a transportation system itself...
- Section 40:62-46.3 - Employees
A city of the second class in any county of the second class operating a transportation system may appoint or hire any and all...
- Section 40:62-46.4 - Approval Of Contracts; Filing; Term
Any contract or renewal thereof to acquire, lease or operate any municipal transportation system or part thereof shall be authorized by municipal ordinance and...
- Section 40:62-46.5 - Contracts With Other Municipalities; Ratification; Approval
Any city of the second class in any county of the second class undertaking to provide public transportation service may contract with any other...
- Section 40:62-46.6 - Effective Date; Duration Of Act
This act shall take effect immediately and shall remain in effect for 1 year thereafter, except that any transportation service being provided, or any...
- Section 40:62-61.1 - Extension Of Existing Water System By Municipality Not Owning System
The governing body of any municipality, not owning a water system, may, by ordinance, provide for the construction, at the expense of the municipality...
- Section 40:62-83.1 - Discontinuance Of Water Or Sewerage Service Where Charges Not Paid
Any municipality which, pursuant to law, furnishes a supply of water and sewerage service to the inhabitants of another municipality, may, if prompt payment...
- Section 40:62-96 - Water Districts; Establishment; Works And Pumping Stations; Contracts For Supply
The governing body of any municipality may provide by ordinance for the creation and establishment within designated boundaries of a water district or districts,...
- Section 40:62-97 - Notice To Owners Of Lands Affected; Publication
Public notice of the intended creation and establishment of such proposed water district or districts, and the installation, construction, operation and maintenance of such...
- Section 40:62-98 - Objections To Ordinance; Filing
No water district or districts shall be created or established, or water systems constructed, or any contract entered into for the installation, construction, operation...
- Section 40:62-99 - Copy Of Ordinance Filed With Map
Whenever one or more water districts have been established a copy of the ordinance creating and establishing the boundaries of the district or districts,...
- Section 40:62-100 - Bonds And Other Obligations
The cost of any and all of the work contemplated under the provisions of sections 40:62-96 to 40:62-105 of this title may be paid...
- Section 40:62-101 - Water District Assessments; Exemption
a. Except as provided in subsection b. of this section, the cost of the creation and establishment of such water district or districts and...
- Section 40:62-102 - Tax Collection
a. Except as provided in subsection b. of this section, the expense of the operation and maintenance of such water systems, waterworks and pumping...
- Section 40:62-103 - Expenses Of Operation And Maintenance; First Year's Expenses; Notes Issued
To meet the expense of operation and maintenance of such water systems, tax anticipation and tax revenue notes or bonds may be issued by...
- Section 40:62-104 - Supervision, Operation And Maintenance; Collection Of Charges; Contracts.
40:62-104. Any contract entered into pursuant to sections 40:62-96 to 40:62-105 of this title may provide for supervision, operation and maintenance of the water...
- Section 40:62-105 - Necessary Powers Conferred
The municipality and the party so supplying water, their officers, agents or servants, shall have the necessary rights and powers to carry out the...
- Section 40:62-105.1 - Water Commissioners; Election; To Perform Duties Exercised By Township Committee
In any township wherein a water district has been established pursuant to section 40:62-96 et seq. of the Revised Statutes, the township committee may...
- Section 40:62-105.2 - Commissioners To Be Body Corporate; Name; General Powers
The commissioners thereof and their successors shall be a body corporate to be known by the name of "the commissioners of water district number...
- Section 40:62-105.3 - Determination Of Amount To Be Raised For Ensuing Year; Election Of Water Commissioners
On the third Saturday in February after the creation of any such district the legal voters thereof shall meet and determine the amount of...
- Section 40:62-105.4 - Terms Of Members Of Board Of Water Commissioners
At the first meeting of the board of water commissioners elected in any newly created district the members of the board shall divide themselves...
- Section 40:62-105.5 - Vacancies
Whenever a vacancy occurs the board may elect a member to fill the vacancy until the next succeeding election at which time the voters...
- Section 40:62-105.6 - Annual Election In Water Districts
An election shall be held annually in each water district on the third Saturday in February at which the legal voters shall elect members...
- Section 40:62-105.7 - Nomination Of Candidates For Members Of Board
Candidates to be voted for at the regular water district election for members of the board of water commissioners shall be nominated directly by...
- Section 40:62-105.8 - Nominating Petition; Certificate Of Person Indorsed
Such petition shall be addressed to the clerk of the board of water commissioners and shall set forth that the signers thereof are qualified...
- Section 40:62-105.9 - One Candidate's Name On Petition; Number Of Petitions
No petition shall contain the names of more than one candidate so indorsed. The names of all the persons indorsing the same candidate need...
- Section 40:62-105.10 - Verification Of Petition
Each of the petitions shall be verified by the oath of one or more of the signers thereof, taken and subscribed before a person...
- Section 40:62-105.11 - Filing Of Petition
Such petition shall be filed at least five days before the date of the annual election for members of the board of water commissioners....
- Section 40:62-105.12 - Defective Nominating Petitions
If any petition requesting that the name of the person so indorsed be printed upon the official ballot shall be found to be defective,...
- Section 40:62-105.13 - Ballots; Arrangement Of Candidate's Names
The names of the candidates shall be printed upon the official ballot according to the alphabetical order of their surnames and the grouping of...
- Section 40:62-105.14 - Ballots, Specifications
14. Each ballot shall have at the top thereof a coupon at least one inch deep extending across the ballot above a perforated line....
- Section 40:62-105.15 - Form Of Ballot
15. The following is an illustration of the form of ballot: No............ To be torn off by the Judge of Election. Fold to this...
- Section 40:62-105.16 - Paper On Which Ballots To Be Printed
The ballots shall be printed on plain white paper uniform in size and quality and of such thickness that the printing thereon cannot be...
- Section 40:62-105.17 - Registry List Of Preceding General Election; Persons Becoming Of Age After Preceding General Election
The clerk of the board of water commissioners shall at least seven days before the holding of such election obtain, from the person having...
- Section 40:62-105.18 - Advertisement Of Election
The clerk of the board of water commissioners shall cause the election to be advertised at least one week before the holding thereof in...
- Section 40:62-105.19 - Polling Places
Upon petition of twenty-five or more voters duly submitted at least twenty days prior to the date of the election the board of water...
- Section 40:62-105.20 - Opening And Closing Of Polls; Books For Names Of Voters
The polls for the election shall be opened at such time as the board of water commissioners may designate, between the hours of two...
- Section 40:62-105.21 - Proclamation Of Opening Of Election; Judge And Tellers
The board of water commissioners before they receive any vote shall make public proclamation by the chairman or the clerk of the opening of...
- Section 40:62-105.22 - Counting Of Votes
Immediately after the close of the polls the judge and tellers shall proceed forthwith to count the votes for each candidate and shall complete...
- Section 40:62-105.23 - Announcement Of Results Of Election
After the canvass of votes has been completed the judge of the election shall announce publicly the result of the election. L.1951, c. 280,...
- Section 40:62-105.24 - Appropriations Voted On, Form Of Question
24. All appropriations to be voted upon at such water district election or any other proposition or question that may be required shall be...
- Section 40:62-105.25 - Payment Of Taxes
a. The board of water commissioners shall certify the amount of money voted at the annual district meeting to the assessor of the township...
- Section 40:62-105.26 - Borrowing For Current Expenses And Repairs
The commissioners of water districts may by resolution borrow, after March first and before December thirty-first following, a sum not to exceed the amount...
- Section 40:62-105.27 - Rights And Powers Of Water Commissioners
The water commissioners of every water district shall have all the rights and powers, within said water district, which shall have been conferred upon...
- Section 40:62-105.28 - Money For Waterworks And Appurtenances; Vote; Limitation
The legal voters of any water district may vote to raise, either at a special meeting called by the water commissioners of said district...
- Section 40:62-105.29 - Meeting To Determine Amount To Be Raised; Notice
If the water commissioners in any water district shall deem it expedient, they may call said special meeting, whereof ten days' notice shall be...
- Section 40:62-105.30 - Water Accumulation, Supply Or Distribution Facilities; Acquisition Or Construction
The water commissioners in any water district created by the township committee may acquire and construct any reservoirs, basins, dams, canals, aqueducts, standpipes, conduits,...
- Section 40:62-105.31 - Resolution Authorizing Issuance Of Bonds; Time And Place Of Meeting; Notices
The water commissioners shall cause a resolution authorizing the issuance of bonds for the purposes specified in section 30 of this act to be...
- Section 40:62-105.32 - Conduct Of Election
At any election held for the purpose of ordering money to be raised by the issuance of bonds, the legal voters shall vote by...
- Section 40:62-105.33 - Bonds; Form; Issuance
The legal voters of any such water district may, at the election at which such proposition is submitted, by the vote of a majority...
- Section 40:62-105.34 - Payment Of Principal, Interest On Bonds
a. Except as provided in subsection b. of this section, whenever such bonds shall have been authorized by the legal voters as aforesaid and...
- Section 40:62-105.35 - Custodian Of Moneys; Disbursements; Bond Of Treasurer
The district treasurer shall be the custodian of the moneys of the district and all moneys which the district commissioners are by law authorized...
- Section 40:62-105.36 - Auditing Of Books Of Treasurer; Publication Of Audit
The treasurer shall cause his books to be audited at least once a year within thirty days after the expiration of the fiscal year...
- Section 40:62-105.37 - Enlargement Of Water District
The township committee of any township in which there shall have been created a water district may be ordinance enlarge any such water district...
- Section 40:62-105.38 - Lands Included In District After Enlargement
Upon the adoption and publication of such ordinance by the township committee in the manner required by law, such water district shall thereafter for...
- Section 40:62-105.39 - Effect Of Enlargement Upon Terms Of Officers And Obligations Of District
The enlargement of any water district under the provisions of sections thirty-seven and thirty-eight of this act shall not affect the terms or tenure...
- Section 40:62-105.40 - Dissolution Of Water District
The township committee of any township wherein a water district shall have been organized may, by resolution authorized in the matter provided in section...
- Section 40:62-105.41 - Application For Resolution Dissolving District; Notice; Hearing
The resolution provided for in section forty of this act shall not be adopted except upon the written application of at least twenty freeholders...
- Section 40:62-105.42 - Refund Of Tax Paid Upon Property In District Abolished
The township committee may cancel or refund without interest to any person having paid the same any water district tax or any part thereof...
- Section 40:62-105.43 - Refund Of Taxes Paid Where No Recital Of Laying Off Of Water District Appears Upon Records
Where the legality of the organization of any township water district is questioned upon the ground that such water district was never laid off...
- Section 40:62-105.44 - Water District Deemed Abandoned When Territory Formed Into Two Or More New Municipalities
Whenever the territory included within the bounds of any water district shall have been divided and formed into or made parts of two or...
- Section 40:62-105.45 - Allotment And Division Of Property And Money Between New Municipalities; "Municipality" Defined
The governing bodies of such new municipalities and the treasurer or person having the custody of the funds and securities of such water district...
- Section 40:62-106 - Consolidation Of Water And Sewer Systems
Any municipality owning its water and sewer systems and operating the same as separate utilities may by ordinance consolidate said water and sewer systems...
- Section 40:62-107 - Service Shut Off For Nonpayment Of Rent
The governing body of any municipality owning its water and sewer systems and operating the same as one utility may fix a combination water...
- Section 40:62-107.1 - Sale Of Municipal Water Plant; Deficit; Amortization
In any municipality which has, prior to March twenty-fifth, one thousand nine hundred and thirty-five, owned a water distribution system which has been operated...
- Section 40:62-107.2 - Application To State Auditor
In each case, where a municipality is desirous of distributing the deficit as described in section 40:62-107.1 of this title, application for permission so...
- Section 40:62-107.3 - Liberal Construction
Sections 40:62-107.1 and 40:62-107.2 shall be liberally construed so as to give a measure of relief to municipalities during the present period of economic
- Section 40:62-107.4 - Purchase Of Water Distribution System Of Adjoining Municipality
Any municipality of this state, owning its water supply and supplying therefrom the water for the water distribution system owned and operated by an...
- Section 40:62-107.5 - Bond Issue
Such bonds shall be issued in all respects as provided by article 1 of chapter 1 of this title (s. 40:1-1 et seq.), except...
- Section 40:62-107.6 - Operation Of System; Rates, Rents, Etc.
40:62-107.6. a. After any municipality shall have purchased a water distribution system pursuant to sections 40:62-107.4 and 40:62-107.5 of this title, the governing body...
- Section 40:62-107.7 - Customers Of Municipal Water District, Electronic Billing, Payment Permitted.
4.Upon the request of a customer, a municipality that has established a water district and which operates a water system may: a.offer the customer...
- Section 40:62-108 - "Waterworks" Defined
The term "waterworks" as used in sections 40:62-109 to 43:62-150 of this title means and includes one or more systems of waterworks, whether or...
- Section 40:62-109 - Commission To Acquire Water System; Appointment; Notice To Other Municipalities
The governing body of two or more municipalities in which water is supplied for domestic and public use by privately owned waterworks, whether such...
- Section 40:62-110 - Commission; Composition; Organization And Compensation; Treasurer's Bond
Every commission appointed in pursuance of section 40:62-109 of this Title shall consist of not more than five persons, residents of the municipalities making...
- Section 40:62-110.1 - Waterworks Or Water Commission, Membership, Salaries
In any county of the second class with a population of at least 440,000, but not more than 450,000, according to the 1980 federal...
- Section 40:62-111 - Vacancies
Any vacancy in the commission shall be filled by appointment as hereinbefore provided, and upon such notice as the Superior Court shall direct, and...
- Section 40:62-112 - Joining After Commission Named
At any time after the appointment of the commission any municipality in which water is supplied by the waterworks which it is proposed to...
- Section 40:62-113 - Negotiations; Contract Served On Each Municipality
Immediately after organization the commission shall proceed to negotiate for the purchase of the entire waterworks supplying water in the municipalities making the application...
- Section 40:62-113.1 - Nonapplicability To Passaic Valley Water Commission
14. Notwithstanding any provision of P.L.1995, c.101 (C.58:26-19 et al.) or R.S.40:62-110 et seq., to the contrary, the Passaic Valley Water Commission shall not...
- Section 40:62-114 - Condemnation; Two Or More Plants; Procedure If In Different Counties
If the commission and the owner of the waterworks cannot agree on terms for the sale thereof, or if such proposed contract shall not...
- Section 40:62-115 - Municipality May Withdraw; Expenses Apportioned; No Withdrawals After Bonds Issued
Any municipality, by the adoption of an ordinance in the manner provided by law and upon giving the water commission and said owner or...
- Section 40:62-116 - Joint Ownership
The waterworks acquired by the commission appointed in pursuance of section 40:62-109 of this title, whether by a single purchaser or two or more...
- Section 40:62-117 - Expenses Prior And Subsequent To Acquisition Of Plant
All expenses incurred prior to the acquisition of the waterworks shall be considered as part of the cost thereof. All expenses subsequently incurred for...
- Section 40:62-118 - Property Acquired By Owner Pending Proceedings; Acquisition; Contract
Upon taking possession of the waterworks, rights and franchises of any such public utility which may be condemned pursuant to the provisions of section...
- Section 40:62-119 - After Acquired Property; Condemnation
If the commission and the owner cannot agree upon the price to be paid for all the additional property, rights and franchises, including betterments,...
- Section 40:62-120 - Removal Of Encumbrances; Ascertainment Of Value Of Debt
Whenever, pursuant to sections 40:62-108 to 40:62-150 of this Title, the commission shall condemn any waterworks free and clear of the lien of any...
- Section 40:62-121 - Acquisition Subject To Encumbrances; Bond Issues; Apportionment Of Indebtedness
Any such waterworks may be acquired subject to the lien of any mortgage or mortgages thereon; and for the purpose of raising money to...
- Section 40:62-122 - Commission As Fiscal Agent; Duties
The commission appointed pursuant to section 40:62-109 of this title and any succeeding commission, however appointed or elected, shall be the fiscal agent of...
- Section 40:62-122.1 - Issuance Of Notes In Anticipation Of Water Rents
L.1936, c. 38, p. 99, entitled "An act to supplement an act entitled "An act to authorize two or more municipalities in this state...
- Section 40:62-123 - Apportionment Of Water Rents; Collection Of Prior Arrearages
As soon as convenient after taking possession the commission shall cause to be read all meters of consumers supplied from such waterworks. At least...
- Section 40:62-124 - Collection Of Prior Arrearages; Water Shut Off
If at the time possession is taken by the commission of any such waterworks any person shall be indebted to the owner thereof for...
- Section 40:62-125 - Supply Of Water To Old Customers; Rates
After the commission shall have acquired possession of the waterworks of any such owner it shall carry out any obligation to supply water to...
- Section 40:62-126 - Enlargement And Extension Of Works; Contracts For Operation
Enlargement and extension of works; contracts for operation; financing improvements. The commission appointed pursuant to section 40:62-109 of this Title and any succeeding commission,...
- Section 40:62-127 - Water Rates And Regulations.
40:62-127. a. The water commission may prescribe and change from time to time rates to be charged for water supplied by the waterworks so...
- Section 40:62-128 - Sale Of Property And Distributing System; Sale Of Water To Purchaser
The commission appointed in pursuance of section 40:62-109 of this title or by virtue of an agreement as provided for in section 40:62-129 of...
- Section 40:62-129 - Commission To Operate Works And Manage Supply; Agreement For
At any time after waterworks shall have been acquired in pursuance of sections 40:62-108 to 40:62-150 of this title, the governing bodies of the...
- Section 40:62-130 - Organization; Commission For Acquisition Of Works Dissolved
The commission elected or appointed in pursuance of such agreement shall organize as soon as practicable, adopt a seal and a name by which...
- Section 40:62-131 - Consent Of State
In all cases in which the owner of waterworks purchased or condemned in pursuance of sections 40:62-108 to 40:62-150 of this title has at...
- Section 40:62-132 - Commission Cannot Incur Debts For Municipality; Appropriations For Expenses
The commission shall have no power to incur any liability on behalf of the municipalities and none of its debts, expenses or liabilities shall...
- Section 40:62-133 - Acquisition Of Additional Property, Water Rights And Waterworks; Bonds; Proceeds
The commission created pursuant to section 40:62-129 of this title to maintain, operate and extend the waterworks, may in addition to its other powers,...
- Section 40:62-133.1 - Findings, Declarations
The Legislature finds and declares that there is a need to authorize and empower commissions appointed pursuant to R.S.40:62-109 to issue bonds and other...
- Section 40:62-133.2 - Commission Empowered To Issue Bonds
For the purpose of raising funds to pay the cost of any part of its waterworks, including the cost of enlarging, extending or improving...
- Section 40:62-133.3 - Issuance Of Bonds By The Commission
Upon adoption of a bond resolution, the commission shall have power to incur indebtedness, borrow money and issue its bonds and bond anticipation notes,...
- Section 40:62-133.4 - Sale Of Bonds, Price
Bonds of the commission may be sold by the commission at public or private sale at such price or prices as the commission shall...
- Section 40:62-133.5 - Bond Resolution, Publication
The commission may cause a copy of any bond resolution adopted by it to be filed for public inspection in its office and in...
- Section 40:62-133.6 - Negotiability Of Bonds
Any provision of law, rule or regulation to the contrary notwithstanding, any bond or other obligation issued pursuant to this amendatory and supplementary act...
- Section 40:62-133.7 - Provisions Permitted In Bond Resolution
Any bond resolution of the commission providing for or authorizing the issuance of any bonds may contain provisions, and the commission, in order to...
- Section 40:62-133.8 - Appointment Of Trustee In Event Of Default
a. If a default occurs in the payment of the principal of or interest on any bonds of the series after the bonds are...
- Section 40:62-133.9 - Appointment Of Receiver
If the bond resolution of a commission authorizing for the issuance of a series of its bonds provides that the holders of the bonds...
- Section 40:62-133.10 - Commission Members, State, County Or Local Units Not Liable On Bonds
Neither the members of the commission nor any person executing the bonds issued pursuant to this amendatory and supplementary act shall be liable personally...
- Section 40:62-133.11 - Commission Property Exempt From Levy, Sale
All property of a commission shall be exempt from levy and sale by virtue of an execution and no execution or other judicial process...
- Section 40:62-133.12 - Investment Of Sinking Funds, Other Moneys, Funds
Notwithstanding any restriction contained in any other law, rule or regulation, the State and all public officers, municipalities, counties, political subdivisions and public bodies,...
- Section 40:62-133.13 - Waterworks Public Property, Bonds Exempt From Taxation
Every waterworks and all other property of a commission are declared to be public property of a political subdivision of the State and devoted...
- Section 40:62-133.14 - State Shall Not Alter Commission's, Bond Holders' Rights
The State of New Jersey hereby pledges to and covenants and agrees with the holders of any bonds issued pursuant to a bond resolution...
- Section 40:62-133.15 - Agreements Between Commission And Bank Or Banking Institution
All banks, bankers, trust companies, savings banks, investment companies and other persons carrying on a banking business are authorized to give to any commission...
- Section 40:62-133.16 - Filing Of Copy Of Bond Resolution
The commission shall file a copy of each bond resolution adopted by it with the Director of the Division of Local Government Services in...
- Section 40:62-134 - Sale Of Surplus Water; Laying Of Pipes; Consent Required
The commission or its successor may sell any surplus water not needed to supply the municipalities represented by it to any consumer or to...
- Section 40:62-135 - Contracts; Engineers And Assistants
The commission may make all necessary and proper contracts, in the manner hereinafter provided and elect or appoint any and all engineers, surveyors, officers,...
- Section 40:62-136 - Contracts In Excess Of $2,500; Advertisement For Bids; Exceptions
Whenever any work to be performed or materials to be furnished may involve an expenditure of a sum exceeding $2,500.00, the commission shall designate...
- Section 40:62-137 - Execution Of Contract
All such contracts shall be in writing, and shall be executed by the president and secretary of the commission, on behalf of and in...
- Section 40:62-138 - Control, Regulation And Protection Of Water Supply System
The commission may make, enforce, amend and repeal all such resolutions and regulations as it may deem necessary and proper for the distribution, supply,...
- Section 40:62-139 - Furnishing Water For Special Purposes.
40:62-139. a. The water commission may enter into a contract with any person to supply the person with water for fire protection; manufacturing and...
- Section 40:62-140 - Right Of Entry For Inspection; Penalty For Obstructing Inspectors
All engineers, surveyors, officers, agents, employees or committeemen appointed for the purposes provided in sections 40:62-133 to 40:62-150 of this title may enter upon...
- Section 40:62-141 - Liability For Water Rent; Payment In Advance
The owner of any house, tenement, building or lot shall be liable for the payment of the price or rent as fixed by the...
- Section 40:62-142 - Water Shut Off For Nonpayment Of Charges
In case prompt payment of any water rent or rents, or for work done or materials furnished, is not made when due, the water...
- Section 40:62-143 - Rebate For Prompt Payment; Amount
The commission may grant to consumers a rebate or discount for the prompt payment of water rent or rates within a specified time after...
- Section 40:62-144 - Increase Of Capacity Of Plant; Additional Pipe Lines
The commission may increase the capacity of any waterworks, plant or plants owned by it, either by the construction and erection of new and...
- Section 40:62-145 - Contracts For Additional Supply Of Water
The commission may enter into contracts from time to time, for a period not exceeding fifteen years, with any other municipality having waterworks, or...
- Section 40:62-146 - Supplying Water To Other Municipalities; Consent Required
40:62-146. The commission may contract with any municipality or municipalities to furnish a supply of water for such other municipalities and their inhabitants, for...
- Section 40:62-147 - Supplying Water To Dwellers Along Line; Rates; Consent Required
The commission may supply with water, dwellers in municipalities, other than those represented by the commission, through which its mains may pass, and for...
- Section 40:62-148 - General Powers To Carry Out Objective
40:62-148. Subject to any contracts with the holders of bonds, the commission may adopt all ordinances and resolutions, enter into all agreements and contracts,...
- Section 40:62-148.1 - Water Commission Customers, Option For Electronic Billing, Payment.
5.Upon the request of a customer, a water commission may: a.offer the customer the ability to receive or access, in electronic format, any periodic...
- Section 40:62-149 - Powers Of Condemnation
If the commission and the owner of any property, or interest therein which the commission is authorized to acquire, cannot agree on terms for...
- Section 40:62-150 - Certain Boards And Commissions Unaffected
Nothing in sections 40:62-133 to 40:62-150 of this title shall be construed to affect the power or authority of the North Jersey district water...
- Section 40:62-150.1 - Names Of Employees Of Water Commissions Established By Two Or More Municipalities In Second Class Counties Between 300,000 And 325,000
Any water commission, established pursuant to sections 40:62-108 to 40:62-150 of the Revised Statutes, by two or more municipalities in counties of the second...
- Section 40:62-150.2 - Classification, Without Examination In Classified Service
When the names of such employees, including the secretary-treasurer, have been certified the Civil Service Commission shall classify, without examination, the employees so certified...
- Section 40:62-151 - Annual Standby Or Ready-to-serve Charge Upon Unoccupied Lots.
1.The governing body of any municipality or any water commission representing two or more municipalities may fix an annual standby or ready-to-serve service charge...
- Section 40:62a-1 - Definition
The words "municipal institutions" wherever used in this act, shall mean any hospital, almshouse, welfare house or other municipal institution operated by the municipality...
- Section 40:62a-2 - Establishment And Maintenance Of Commissary; Cost; Profits
The governing body of any municipality is hereby empowered to provide by resolution for the establishment and maintenance of a commissionary for the sale...
- Section 40:63-31.1 - Sale Or Lease Of Municipal Facilities To Privately-owned Utility; Conditions
Any municipality, wherein sewer facilities are provided by a privately-owned public utility subject to the jurisdiction of the Board of Public Utility Commissioners of...
- Section 40:63-31.2 - Construction Of Incidental Facilities For Sale Or Lease To Privately-owned Utility; Assessment Of Cost
Any municipality, wherein sewer facilities are provided by a privately-owned public utility subject to the jurisdiction of the Board of Public Utility Commissioners of...
- Section 40:63-31.3 - Refund Or Credit To Property Owners
That portion of the principal of the amount of any proceeds received or to be received by the municipality from any lease or sale...
- Section 40:63-40 - Purchase Of Lateral Sewers By Municipality; Contracts Validated; Bonds
L.1932, c. 163, p. 289, entitled "An act to validate, ratify and confirm certain municipal contracts and to authorize the issue of bonds to...
- Section 40:63-68 - Contracts With Other Municipalities Generally
The governing body of any municipality may contract with the governing body or bodies of one or more other municipalities: a. To construct or...
- Section 40:63-69 - Definitions; "Joint Meeting" ; "Improvement Or Works"
The words "joint meeting" as used in this article shall mean the meeting or assembly of the members of the governing bodies or boards...
- Section 40:63-70 - Construction Of Improvements Or Works; Sewers Connecting Therewith
Any two or more municipalities may in the manner hereinafter in this article provided, jointly provide for, construct, maintain and operate an outlet or...
- Section 40:63-71 - Surveys And Maps; Municipalities May Enter On Land To Inspect
Any two or more municipalities, by their respective governing bodies, or by their boards charged by law with the construction of sewers and drains...
- Section 40:63-72 - Surveys And Maps Filed With Municipal Clerks; Costs Estimated
The surveys, maps, plans, reports, specifications and estimates, or true copies thereof, shall be delivered by the persons making them to the clerk of...
- Section 40:63-73 - Surveys And Maps; Consideration Of By Each Municipality
The clerks of the respective municipalities interested, shall immediately submit to the governing body, or to the board of the municipality charged by law...
- Section 40:63-74 - Rejection By Municipality; Notice To Interested Municipalities
If said board or body shall decide not to join in the construction of the proposed improvement or works, it shall pass a resolution...
- Section 40:63-75 - Approval By Municipality; Resolution; Notice To Interested Municipalities
If such governing body or board shall, after such consideration, decide to join in the construction of the proposed improvement or works, it shall,...
- Section 40:63-76 - Notice Of Intention To Make
No ordinance authorizing the making of a contract in writing, between municipalities for the joint construction of any of the improvement or works authorized...
- Section 40:63-77 - Contents Of Notice; Objections To Ordinance Filed; Procedure
The clerk of such body or board shall, by direction of the body or board, give such notice. The notice shall briefly describe the...
- Section 40:63-78 - When Failure Of Notice Not To Invalidate Proceedings
The failure to give the notice of intention required by section 40:63-76 of this title shall not invalidate any such ordinance, or any joint...
- Section 40:63-79 - Joint Contract; Ordinances Authorizing
The governing bodies or boards of any two or more of the municipalities adopting resolutions of approval as aforesaid, and desiring to unite in...
- Section 40:63-80 - Contents Of Ordinance; Capacity, Use, Cost And Expense Apportioned
The ordinance shall generally describe the route or line, size, capacity and extent of the proposed outlet sewer, sewers, or drains and appurtenances, to...
- Section 40:63-81 - Joint Contract; Execution; Recording
After the passage of such ordinance by each of such municipalities, pursuant to the laws governing the same, the proper officers of each municipality...
- Section 40:63-82 - Proceedings After Joint Contract To Be By Resolution
Whenever a joint contract shall be made and entered into in writing and duly executed by two or more municipalities under the provisions of...
- Section 40:63-83 - Joint Contract; Modification; Supplemental Contract For Future Management
The municipalities entering into a joint contract for the construction, maintenance and operation of any improvement or works authorized by section 40:63-70 of this...
- Section 40:63-84 - Separate Municipal Action Relative To Joint System; Local Connecting Sewers
In any municipality which has entered into such a joint contract for the construction and maintenance of any such joint improvement or works, the...
- Section 40:63-85 - Joint Meeting; Organization; Officers; Vacancies; Duration Of Power
After the execution and recording of any such contract, the respective governing bodies or boards having authority to construct sewers and drains therein, of...
- Section 40:63-86 - Officers; Oaths And Bonds
The chairman, secretary and treasurer of the joint meeting, and such other officers or servants thereof as may be required by such meeting, before...
- Section 40:63-87 - Voting By Municipalities, Quorum; Specific Concurrence Required
Each municipality, through its body or board represented in such joint meeting, shall be entitled to one vote therein, on all motions, resolutions, appointments...
- Section 40:63-88 - Exclusive Powers Except In Money Matters; Actions By Joint Committee; Benefits To Accrue To All
All proceedings and official action whatsoever, necessary to be taken under the contract or contracts made for such public improvements or works under this...
- Section 40:63-89 - Joint Meeting; Rooms And Buildings
The joint meeting shall provide a proper meeting room in which to hold its meetings, and shall make provisions for proper rooms or buildings...
- Section 40:63-90 - Reorganization When Work Completed; Maintenance And Operation
The permanent chairman, secretary, treasurer and other officers of the joint meeting, appointed or elected pursuant to the provisions of this article, shall hold...
- Section 40:63-91 - Acquisition Of Land; Purchase
The joint meeting acting on behalf and in the corporate names of the several municipalities jointly contracting with each other regarding the public improvement...
- Section 40:63-92 - Condemnation Of Lands; Procedure
If in any case the contracting municipalities shall be unable to agree with the owner or owners of any rights of way, lands or...
- Section 40:63-93 - Condemnation; Right Of Entry Upon Appointment Of Commissioners
Where a condemnation action is commenced as provided in section 40:63-92 of this Title, the contracting municipalities, their officers, servants and agents, may immediately...
- Section 40:63-94 - Contracts For Improvements Or Works
The joint meeting acting on behalf and in the corporate names of the several municipalities jointly contracting with each other regarding the public improvement...
- Section 40:63-95 - Joint Meeting
Whenever any work to be performed or materials to be furnished in or about any improvement or works to be made under the provisions...
- Section 40:63-96 - Repair, Rebuilding And Operation; Cost; Provisions In Contract For
In any contract made and entered into by municipalities pursuant to the provisions of this article, it shall be lawful to provide for the...
- Section 40:63-97 - Increase In Capacity Before Or During Construction
The joint meeting of the governing bodies or boards of the municipalities jointly contracting for the construction of a joint outlet or trunk sewer...
- Section 40:63-98 - Sewers; Disposal Plants Enlarged; Approval Of Department Of Health; Contract For; Cost
The contracting and participating municipalities may, by supplemental or further contract, replace, enlarge or otherwise increase the capacity of any improvement or works authorized...
- Section 40:63-99 - Construction In Other Municipalities; Sewers To Tidewater
The municipalities jointly contracting as provided in this article, may jointly provide a system of trunk or outlet sewers or other sewers for conveying...
- Section 40:63-100 - Discharge In Tidewater; Consent Of Department Of Health
No such jointly contracting municipalities shall discharge any such trunk or outlet sewer, or sewers, or drains in tidewater adjacent to or within the...
- Section 40:63-101 - Use Of Streets In Other Municipalities
Such jointly contracting municipalities may construct such trunk or outlet sewers or sewers or drains and all necessary appurtenances thereto through or partly through,...
- Section 40:63-102 - Agreement As To Terms; Procedure Where Parties Cannot Agree
All such work carried on in such other municipality shall be done upon such terms as may be agreed upon by such jointly contracting...
- Section 40:63-103 - Change Of Grade Of Streets In Other Municipalities; Regulation Of Work; Restoration Of Pavements
Such jointly contracting municipalities may, in the course of constructing such improvements or works and with the consent of the body or board having...
- Section 40:63-104 - Location Of Disposal Plants In Other Municipalities; Application
Except as otherwise provided in this article no work shall be undertaken or any street, road, alley or other place occupied or land used...
- Section 40:63-105 - Rejection Of Application; Appeal
In case of the refusal of the municipal authorities of another municipality, to grant such permission, the municipalities making the application may, within thirty...
- Section 40:63-106 - Remedy Of Dissenting Citizens If Application Granted
If the local authorities of any municipality grant the permit to locate such disposal or other plants, then ten citizen freeholders of the municipality...
- Section 40:63-106.1 - Contracts With Passaic Valley Sewerage Commissioners For Sewage Disposal
If the municipalities jointly contracting under this article shall, at any time after the execution of such joint contract, deem it expedient to lease...
- Section 40:63-107 - Use Of Improvements Or Works By Other Municipalities; Contracts; Terms
The jointly contracting municipalities may at any time after the execution of the joint contract, contract with any municipality through whose territory such improvements...
- Section 40:63-108 - Contracts Authorized
Such jointly contracting municipalities and any such other municipality may enter into any such contract for participation in the use of such joint improvements...
- Section 40:63-109 - Supplemental Contract To Secure Additional Accommodations
Whenever the municipalities so jointly contracting as provided in this article, shall have entered into a contract with the authorities of any other municipality,...
- Section 40:63-110 - Payment For Use Of Joint Systems; Bonds
For the purpose of raising the money required for the carrying out of any such contract, and to meet the payment or payments that...
- Section 40:63-111 - Participating Municipalities May Be Admitted To Membership In Joint Meeting
The joint meeting may permit additional municipalities participating in the use and cost of the trunk sewer system provided by the joint meeting to...
- Section 40:63-112 - Joint Meeting To Designate Portion Of System Each May Use
The joint meeting may direct, by resolutions, duly passed at regular meetings thereof, the particular trunk sewer where more than one comprises the system,...
- Section 40:63-113 - Disposal Of Sewage For Others; Contracts
The jointly contracting municipalities may, whenever they deem it expedient, contract for the disposal of sewage with the state, or any other public or...
- Section 40:63-114 - Financial Records; Monthly Statements To Participating Municipalities
The joint meeting shall at all times keep full and accurate account of its receipts, expenditures, disbursements, assets and liabilities and an itemized or...
- Section 40:63-115 - Cost And Expenses Of Improvements Or Works Apportioned
All sums of money to be paid respecting the joint improvement or works or in any way relating to or arising out of the...
- Section 40:63-116 - Annual Expenses; Estimated And Apportioned; Additional Payments If Necessary
Upon the completion of any such improvement or works, the joint meeting of the governing bodies or boards of the contracting municipalities reorganized in...
- Section 40:63-117 - Assessment For Benefits; Commissioners; Appointment And Powers; Vacancies
Immediately upon the completion of the work, or of a definite part thereof, the governing bodies or boards of the municipalities jointly contracting for...
- Section 40:63-118 - Assessment For Benefits; Limitation On Extent
No benefits shall be assessed in respect of the cost of any improvement or works in so far as such improvement or works extends...
- Section 40:63-119 - Commissioners; Oath And Duties; Assessment Proportionate To Benefits; Excess Apportioned Between Municipalities
The commissioners before they enter upon the execution of their duties shall severally take and subscribe an oath that they will make such assessment...
- Section 40:63-120 - Assessments For Connecting Sewers; Abutting Property
In the case of sewers or drains constructed in any street or road dividing the municipalities, to connect with joint outlet or trunk sewers...
- Section 40:63-121 - Assessments On Property Not Directly Affected
In the case of sewers or drains constructed in any street or road dividing the municipalities, to connect with joint outlet or trunk sewers...
- Section 40:63-122 - Report Of Commissioners; Hearing; Report Final When Confirmed By Court
The commissioners shall make a report, in writing, of their assessment, signed by them, or any two of them, to the Superior Court and...
- Section 40:63-123 - Compensation Of Commissioners; Costs Of Proceedings
The Superior Court shall settle and determine the compensation to be paid to the commissioners and the costs and expenses of the application, report...
- Section 40:63-124 - Maps And Proceedings Valid Despite Misrecitals Or Other Mistakes
No mistake in naming or omitting to name the owner of lands or real estate in any report, map or proceeding, or in designating...
- Section 40:63-125 - Assessment For Benefits; In Each Municipality; Provision For In Joint Contract; Procedure
In any contract for the joint construction of any joint improvement or works authorized by section 40:63-70 of this title, the jointly contracting municipalities...
- Section 40:63-126 - Assessments To Be A Lien; Collection
All assessments for benefits made under this article shall be and remain a lien upon the lots or parcels of land and real estate...
- Section 40:63-127 - Assessments For Benefits Need Not Be Made; Municipality To Pay Whole Amount
The body or board of such municipality having charge of its finances may also determine, by ordinance or resolution, that the special benefits conferred...
- Section 40:63-128 - Bonds Where No Assessment For Benefits
If there be no assessment for benefits in any of the contracting municipalities, the body or board of each municipality having charge of its...
- Section 40:63-129 - Injuries To Adjacent Land Owners From Joint Sewage Disposal Plant; Action For Damages
The owner of any land adjacent to any plant, works or station for the treatment, disposal or rendering of sewage, established pursuant to this...
- Section 40:63-130 - Temporary Obligations To Finance Work; Renewal
For the purpose of defraying the costs and expenses of the construction of such improvement or works and their appurtenances and connections as authorized...
- Section 40:63-131 - Renewal Of Temporary Obligations; Assessments Paid In; Disposition; Bonds For Amount Unpaid
If a sum equal to or greater than the amount assessed for benefits has already been borrowed by such municipality, at the time when...
- Section 40:63-132 - Bonds And Temporary Obligations; General Provisions; Amount Limited
The notes or other temporary obligations of such municipality herein authorized to be issued shall be issued in conformity with chapter 1 of this...
- Section 40:63-133 - Excess Of Cost Over Assessments For Benefits; Bonds; Proceeds
In order to provide for and pay the amount of the difference between the total amount of the costs, damages and expenses of said...
- Section 40:63-134 - Bonds For Construction And Maintenance
If it shall be necessary for any municipality which has entered into a joint contract for the construction and maintenance of any improvement or...
- Section 40:63-135 - Bonds; General Provisions
The bonds authorized under this article, shall be issued and executed in all respects as provided in and under the provisions of article 1...
- Section 40:63-136 - Bonds And Other Obligations; Payment Of Principal And Interest
The governing body or board having control of the finances of every such jointly contracting municipality, shall raise by taxes in each year, as...
- Section 40:63-137 - Provisions For Payment In Lieu Of Bond Issue
The governing body or board having control of the finances of every such contracting municipality, in lieu of issuing the bonds of such municipality,...
- Section 40:63-138 - Actions Brought By Joint Meeting; Benefits To Accrue To All Municipalities
All proceedings at law or in equity relating to the doing of the work of the said public improvement or works authorized by this...
- Section 40:64-1 - Shade Tree Commission; Members; Appointment
40:64-1. The body having charge of the finances of any municipality, and in case of a municipality governed by commissioners, the board of commissioners...
- Section 40:64-2 - Commissioners' Term Lengths; Alternates
40:64-2. The first commissioners shall be appointed within 60 days after the ordinance providing for the commission shall become effective, and their terms of...
- Section 40:64-3 - Organization; Salaries Of Officers And Employees
The commission shall organize within 30 days after the appointment of its total membership for the remainder of the then calendar year, and thereafter...
- Section 40:64-4 - Vacancies
Any vacancy occurring by reason of the death, resignation or removal of any commissioner shall be filled for the unexpired term, by the authority...
- Section 40:64-5 - Powers Of Commission
A shade tree commission organized under this chapter shall have power to a. Exercise full and exclusive control over the regulation, planting and care...
- Section 40:64-6 - Performance Of Duties Of Shade Tree Commission By Park Commission
If in any municipality there is a park or parkway commission of the municipality, as distinguished from a shade tree commission, such existing commission...
- Section 40:64-7 - Existing Commissioners Continued; Duties And Powers; Funds, Contracts And Employees
L.1915, c. 325, s. 12, p. 593, as amended by L.1918, c. 58, s. 4, p. 170 [1924 Suppl. s. 136-3650A(12) ], said amendatory...
- Section 40:64-8 - Cost Of Trees And Improvements; Charge And Lien On Property; Exceptions
Except as hereinafter provided the initial cost of all trees planted by the commission, the cost of planting the same, the cost of the...
- Section 40:64-9 - Planting And Removal Of Trees; Notice And Hearing; Emergencies
In every case where the property of an abutting owner will be chargeable with the cost of the planting of any shade tree or...
- Section 40:64-10 - Public Improvements Affecting Trees; Consent Of Commission; County Park Commissions Unaffected
No statute giving any person or State, county or municipal board, body or official, power or authority to lay any sidewalk along, or to...
- Section 40:64-11 - Annual Appropriation; Estimate; Amount
During the month of December in each year, the shade tree commission shall certify to the governing body of the municipality, the estimated sum...
- Section 40:64-12 - Penalty; Jurisdiction Of Courts; Copy Of Ordinance As Evidence
40:64-12. Penalty; jurisdiction of courts; copy of ordinance as evidence. a. The commission may prescribe a fine for the violation of each of its...
- Section 40:64-13 - Disposition Of Penalties
All moneys collected in any municipality, either as fines or penalties, for any violation of a rule or regulation of a shade tree commission,...
- Section 40:64-14 - No Liability For Death Or Injury
40:64-14. No liability for death or injury. Nothing in this chapter contained shall be construed to make any shade tree commission or any member...
- Section 40:65-1 - Ordinances For Cost; Conformance To Grade; Exception
The governing body may make, amend, repeal and enforce ordinances: To regulate and provide for the construction and reconstruction, paving and repaving, curbing and...
- Section 40:65-2 - Notice Of Improvement; Contents
In event that the cost of any such improvement is to be borne wholly or in part by the owner or owners of such...
- Section 40:65-3 - Service Of Notice.
40:65-3. The notice may be served upon all owners residing in the municipality, personally, or by leaving the same at their usual place of...
- Section 40:65-4 - Publication Of Notice Where Service Impossible
If the owner is unknown, or if, for any reason, service cannot be made as hereinbefore directed, the notice shall be published in a...
- Section 40:65-5 - Proof Of Service
Proof by affidavit of service of such notices shall be filed within ten days thereafter with the officer in charge of the records of...
- Section 40:65-6 - Notice Of Improvement Unnecessary Where Notice Of Ordinance Given
The governing body may make any sidewalk improvement, or award a contract or contracts therefor, without giving the notice required by sections 40:65-2 to...
- Section 40:65-7 - Municipality To Make Improvement On Neglect Of Owner; Contracts
In any case in which the owner or owners of the real estate affected are required to bear the whole cost of the improvement...
- Section 40:65-8 - Costs; Record Filed; Apportionment And Assessment; Notice To Owners
The officer of the municipality in charge of such improvement shall keep an accurate account of the cost thereof and if such cost or...
- Section 40:65-9 - Assessments A Lien; Collection And Enforcement; Installments; Errors Immaterial
Such sidewalk assessments shall bear interest from the time of confirmation at the same rate and with the same penalties for nonpayment as assessments...
- Section 40:65-9.1 - Repair Or Reconstruction Of Sidewalks At Public Expense
The governing body of any municipality of this State may provide for the repair or reconstruction of sidewalks on the streets or roads of...
- Section 40:65-9.2 - Resolution
The authority for such repair or reconstruction shall be granted by resolution concurred in by at least two-thirds of the entire membership of the...
- Section 40:65-9.3 - Appropriations And Procedure
Appropriations and procedure shall follow the lawful practice heretofore observed in case of cross walks and the like laid at public expense under section...
- Section 40:65-9.4 - Repair Or Reconstruction Of Curbs At Public Expense
The governing body of any municipality of this State may provide for the repair or reconstruction of curbs on the streets or roads of...
- Section 40:65-9.5 - Resolution
The authority for such repair or reconstruction shall be granted by resolution concurred in by at least two-thirds of the entire membership of the...
- Section 40:65-9.6 - Appropriations And Procedure
Appropriations and procedure shall follow the lawful practice heretofore observed in case of crosswalks and the like laid at public expense under section 40:65-10...
- Section 40:65-10 - Crosswalks
Any municipality may provide for laying of crosswalks and the grading, paving, repaving or improving of portions of sidewalks lying in the angles of...
- Section 40:65-11 - Municipality May Make Annual Contract For Sidewalks
Any municipality may award a contract to the lowest responsible bidder for all sidewalk improvements the municipality may desire to make for a period...
- Section 40:65-12 - Removal Of Grass, Weeds, Snow And Ice; Procedure Upon Failure
The governing body may make, amend, repeal and enforce ordinances to compel the owner or tenant of any lands abutting upon the public highways...
- Section 40:65-12.1 - Definitions Relative To Snow Removal From Fire Hydrants.
1. a. As used in P.L.2015, c.71 (C.40:65-12.1 et seq.): "Director" means the Director of the Division of Fire Safety in the Department of...
- Section 40:65-12.2 - Rules, Regulations.
2.On or before the first day of the sixth month next following enactment of P.L.2015, c.71 (C.40:65-12.1 et seq.), the director, in accordance with...
- Section 40:65-13 - Sidewalks On Land Under Control Of County; Cost; Assessments And Collection
The governing body may improve any street, parkway, or highway under control of any county board or commission, not wholly within the limits of...
- Section 40:65-14 - Sidewalks In Municipalities; Ordinances For Imposition On Abutting Landowners Of Expense Of Construction, Repair, Alteration Or Maintenance; Procedure
Any municipality may prescribe by general ordinance in what case curbs and sidewalks shall be constructed, repaired, altered, relaid or maintained at the expense...
- Section 40:65-15 - Reimbursement Of Account Used To Pay Costs Connected With Sidewalk Improvement
All moneys recovered or paid to the municipality under the provisions of section 1 of this act shall be credited to the account out...
- Section 40:65-16 - Application Of Act
The powers conferred by this act shall be deemed to be in addition to and independent of any and all powers and authority conferred...
- Section 40:66-1 - Street Cleaning; Solid Waste Disposal; Ordinances, Rules, And Regulations
40:66-1. a. The governing body may provide for the cleaning of the streets of the municipality, and for the collection or disposal of solid...
- Section 40:66-1.1 - Definitions
As used in this chapter: "Proof of collection service" means a written record, log, bill or document evidencing receipt of service for the collection...
- Section 40:66-1.2 - Definitions Relative To Solid Waste Collection Services For Multifamily Dwellings.
1.For the purposes of sections 1 through 4 of P.L.2001, c.25 (C.40:66-1.2 et seq.): "Multifamily dwelling"means any building or structure or complex of buildings...
- Section 40:66-1.3 - Reimbursement Of Multifamily Dwelling.
2. a. Except as otherwise provided in subsection b. of this section, when solid waste collection services are provided to the residents of a...
- Section 40:66-1.4 - Written Agreement, Use Of Reimbursement.
3. a. Pursuant to section 2 of P.L.2001, c.25 (C.40:66-1.3) and section 4 of P.L.2001, c.25 (C.40:66-1.5), when a municipal governing body determines not...
- Section 40:66-1.5 - Reimbursement Schedule.
4.Pursuant to a reimbursement agreement entered into in lieu of providing curbside solid waste collection services, a municipality shall reimburse the landlord of a...
- Section 40:66-1.6 - Limits On Solid Waste Collection; Operating Hours
9. a. The provisions of P.L.1970, c.40 (C.48:13A-1 et seq.), P.L.1991, c.381 (C.48:13A-7.1 et seq.), P.L.1970, c.39 (C.13:1E-1 et seq.) or any other law,...
- Section 40:66-2 - Buildings, Appliances For Solid Waste Disposal; Acquisition Of Lands
40:66-2. The governing body may, subject to the provisions of P.L.1970, c.39 (C.13:1E-1 et seq.), erect the necessary buildings and equip the same with...
- Section 40:66-3 - Lands In Other Municipalities; Consent Required
40:66-3. Every municipality may acquire, by purchase, lease or condemnation and subject to the provisions of P.L.1970, c.39 (C.13:1E-1 et seq.), unimproved lands, within...
- Section 40:66-4 - Contracts; Bid Specification, Advertising, Renegotiations
40:66-4. a. The governing body may, if it deem it more advantageous, contract with any person for the cleaning of the streets, or the...
- Section 40:66-5 - Cost Of Solid Waste Collection, Disposal; Ordinance
40:66-5. a. The governing body may provide for the collection or disposal of solid waste at the general expense, or if deemed by it...
- Section 40:66-5.1 - Municipality To Adopt Proof Of Service Ordinance For Solid Waste Generators
1. a. The governing body of any municipality wherein solid waste collection services are contracted for and provided, wholly or in part, on an...
- Section 40:66-5.2 - Solid Waste Generators Provided Opportunity To Contract For Collection Services
2. a. The provisions of any other law, rule or regulation to the contrary notwithstanding, the governing body of any municipality may request that...
- Section 40:66-5.3 - Solid Waste Facility May Establish Hours For Direct Transport Of Solid Waste For Disposal
The provisions of any other law, or of any rule or regulation adopted pursuant thereto, to the contrary notwithstanding, the owner or operator of...
- Section 40:66-8 - Creation Of Solid Waste Collection District
The governing body of any municipality which operated a solid waste collection district as of December 31, 1989, may, by ordinance and subject to...
- Section 40:66-9 - Provision For Collection, Disposal Of Solid Waste
The governing body of any municipality which operated a solid waste collection district as of December 31, 1989, may provide by municipal contract or...
- Section 40:66-10 - Funding For Cost Of Solid Waste Collection
3.The governing body of any municipality which operated a solid waste collection district as of December 31, 1989, shall determine the amount of money...
- Section 40:66-11 - Funding For Cost Of Solid Waste Collection, Disposal
The governing body of any municipality which operated a solid waste collection district as of December 31, 1989, may order and cause to be...
- Section 40:66-12 - Moneys Assessed, Levied, Lien Upon The Land
All moneys assessed and levied pursuant to this act shall be a lien upon the land against which they are assessed in the same...
- Section 40:66a-1 - Short Title.
1.This act shall be known and may be cited as the "incinerator or environmental services authorities law." L.1948, c.348, s.1; amended 2012, c.31, s.1.
- Section 40:66a-2 - Public Interest And Policy Declared.
2.It is hereby declared to be in the public interest and to be the policy of the State to foster and promote by all...
- Section 40:66a-3 - Definitions.
3.As used in this act, unless a different meaning clearly appears from the context: (1)"Municipality" shall mean any city of any class, any borough,...
- Section 40:66a-4 - Creation Of Incinerator Or Environmental Services Authority.
4. (a) The governing body of any municipality may, by ordinance duly adopted, create a public body corporate and politic under the name and...
- Section 40:66a-5 - Incinerator, Environmental Services Authority; Powers To Be Vested In Members; Membership; Reimbursement For Expenses; Election.
5. (a) The powers of an incinerator or environmental services authority shall be vested in the members thereof in office from time to time....
- Section 40:66a-6 - Acquisition Of Facilities.
6.Every incinerator or environmental services authority is hereby authorized and directed, subject to the limitations of this act, to acquire, in its own name...
- Section 40:66a-7 - Incinerator, Environmental Services Authority As Political Subdivision; Powers.
7.Every incinerator or environmental services authority shall be a public body politic and corporate constituting a political subdivision of the State established as an...
- Section 40:66a-7.1 - Audit Of Accounts Annually; Filing.
1.It shall be the duty of every "incinerator or environmental services authority," created pursuant to the act to which this act is a supplement,...
- Section 40:66a-7.2 - Certified Copy Of Bond Resolution Proceedings; Filing.
2.Every such "incinerator or environmental services authority" shall file a certified copy of every bond resolution as finally passed with the Director of the...
- Section 40:66a-8 - Incinerator, Environmental Services Authority Charges.
8. (a) Every incinerator or environmental services authority is hereby authorized to charge and collect rents, rates, fees or other charges (in this act...
- Section 40:66a-9 - Local Unit May Appropriate Moneys.
9.Any local unit shall have power, in the discretion of its governing body, to appropriate moneys for the purposes of the incinerator or environmental...
- Section 40:66a-10 - Revenue Bonds Authorized, Purpose, Issuing Details.
10.Revenue bonds may be authorized to be issued under this act to provide funds to pay the cost of all or any part of...
- Section 40:66a-11 - Rights Of Holders Of Temporary Bonds.
11.After sale of any revenue bonds pursuant to this act, the incinerator or environmental services authority shall have power to authorize the execution and...
- Section 40:66a-12 - Publication Of Bond Proceedings.
12.Any incinerator or environmental services authority may cause to be published in a newspaper published in the district a notice stating the date of...
- Section 40:66a-13 - Negotiability Of Bonds Or Obligations
Any provision of any law to the contrary notwithstanding any bond or other obligation issued pursuant to this act shall be fully negotiable in...
- Section 40:66a-14 - Provisions Of Bond Resolutions.
14.Any bond resolution of an incinerator or environmental services authority providing for or authorizing the issuance of any bonds may contain provisions, and such...
- Section 40:66a-15 - Default In Payment Of Bonds; Trustee; Appointment; Powers; Receiver.
15.In the event that there shall be a default in the payment of principal of or interest on any bonds after the same shall...
- Section 40:66a-16 - Personal Liability On Bonds; Not Debt Or Liability Of State Or Local Unit.
16.Neither the members of the incinerator or environmental services authority nor any person executing bonds issued pursuant to this act shall be liable personally...
- Section 40:66a-17 - Real Property, Acquisition Of; Condemnation.
17.Every incinerator or environmental services authority is hereby empowered, in its own name but for the local unit or units, to acquire by purchase,...
- Section 40:66a-18 - Service Charge With Regard To Real Property; Interest; Liens, Enforcement Of; Collection.
18. (a) In the event that a service charge of any incinerator or environmental services authority with regard to any parcel of real property...
- Section 40:66a-19 - Sale, Lease, Loan, Grant Or Conveyance To Incinerator, Environmental Services Authority; Permit.
19.Any county, by resolution of its board of chosen freeholders, or any municipality, by ordinance of its governing body, or any other person is...
- Section 40:66a-20 - Contracts.
20.Any incinerator or environmental services authority and any municipality within the district by ordinance of its governing body may enter into a contract or...
- Section 40:66a-21 - Public Bodies To Pay Service Charge.
21.Each county, municipality and other public body shall promptly pay to any incinerator or environmental services authority all service charges which the incinerator or...
- Section 40:66a-22 - Mortgage, Pledge Or Disposal Of Garbage Disposal System; Exemptions.
22.Neither the incinerator or environmental services authority nor any local unit shall have power to mortgage, pledge, encumber or otherwise dispose of any part...
- Section 40:66a-23 - Bonds As Legal Investments
Notwithstanding any restriction contained in any other law, the State and all public officers, municipalities, counties, political subdivisions and public bodies, and agencies thereof,...
- Section 40:66a-24 - Property As Public Property; Bonds Declared Issued By Political Subdivision; Bonds Exempt From Taxation.
24.Every garbage disposal system and all other property of an incinerator or environmental services authority are hereby declared to be public property of a...
- Section 40:66a-25 - Competitive Systems; State's Pledge And Agreement With Bondholders.
25.The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds issued pursuant to this act...
- Section 40:66a-26 - Banks Authorized To Give Undertaking; Deposits.
26.All banks, bankers, trust companies, savings banks, investment companies and other persons carrying on a banking business are hereby authorized to give to any...
- Section 40:66a-27 - Municipalities' Powers Respecting Garbage Disposal Limited After Creation Of Incinerator, Environmental Services Authority; Use Of Services.
27.After the creation of an incinerator or environmental services authority as provided herein, no municipality within the district shall have power to engage in,...
- Section 40:66a-28 - Liberal Construction
This act shall be construed liberally to effectuate the legislative intent and as complete authority for the performance of each and every act and...
- Section 40:66a-29 - Municipalities Not Prohibited From Operating Garbage Disposal Plants
Nothing in this act shall be construed to prevent or prohibit any municipality from erecting, constructing, operating and maintaining an incinerator or garbage disposal...
- Section 40:66a-30 - Partial Invalidity
If any section, subsection, clause or provision of this act shall be adjudged unconstitutional or to be ineffective in whole or in part, to...
- Section 40:66a-31 - Disposal Of Trash And Garbage By Sanitary Landfill Or Incinerator Method In Accordance With State Sanitary Code
Any municipality may by ordinance require that by June 30, 1960 all trash and garbage collected within or without the municipality and disposed of...
- Section 40:66a-31.1 - Short Title
This act shall be known and may be cited as the "County Solid Waste Disposal Financing Law" . L.1970, c. 242, s. 1, eff....
- Section 40:66a-31.2 - Public Policy
It is hereby declared to be in the public interest and to be the policy of the State to foster and promote by all...
- Section 40:66a-31.3 - Definitions
As used in this act, unless a different meaning clearly appears from the context: (1) The word "county" shall mean any of the several...
- Section 40:66a-31.4 - Powers Of County
Any county in the State which may hereafter come under the provisions of this act as hereinafter provided is hereby authorized and empowered: (1)...
- Section 40:66a-31.4a - Condemnation; Declaration Of Taking; Deposit In Court; Vesting Title; Transfer Of Possession; Service Of Notice Of Filing; Determination Of Compensation
On or after the institution of an action by a county for condemnation of property and to fix the compensation to be paid for...
- Section 40:66a-31.5 - Resolution To Exercise Powers By Board Of Chosen Freeholders; Approval By Commissioner; Replacement Or Repair Of Damaged Property
Whenever the board of chosen freeholders of any of the several counties of the State by resolution chooses to exercise the powers granted by...
- Section 40:66a-31.6 - Bonds; Ordinance; Issuance; Use Of Proceeds; Pledge Of Revenue For Repayment
The board of chosen freeholders is hereby authorized to provide by ordinance at one time or from time to time for the issuance of...
- Section 40:66a-31.7 - Contracts
A county may negotiate and enter into contracts, with municipalities within or adjoining its boundaries, joint meetings, authorities and on uniform terms with all...
- Section 40:66a-31.8 - Rates Or Rentals
After the commencement of operation of solid waste disposal facilities, the county may prescribe and change from time to time rates or rentals to...
- Section 40:66a-31.9 - Financing By County Pursuant To Agreement With Municipality, Joint Meeting Or Authority
If a county, pursuant to agreement with a municipality or municipalities therein, joint meetings or authorities, shall construct or acquire solid waste disposal facilities...
- Section 40:66a-31.10 - Power Of Municipality, Joint Meeting Or Authority Or Private Company To Enter Contract With County
Any municipality, joint meeting or authority with which a county is authorized to contract under the terms and provisions of this act shall have...
- Section 40:66a-31.11 - Bonds As Legal Investment; Tax Exemption
Notwithstanding any restriction contained in any other law, the State and all public officers, municipalities, counties, political subdivisions and public bodies, and agencies thereof,...
- Section 40:66a-31.12 - Payments To County And Ad Valorem Tax By Municipality, Joint Meeting Or Authority
The chief fiscal officer of each municipality, joint meeting or authority which shall have entered into a contract pursuant to this act, shall cause...
- Section 40:66a-31.13 - Payments To County By Private Companies; Lien Of Unpaid Amount; Priority
Each private solid waste or incinerator company or industry which shall have entered into a contract with a county pursuant to this act, shall...
- Section 40:66a-31.14 - Construction Of Act; Severability
The object and design of this act being the protection and preservation of public health, safety and welfare, this act shall be liberally construed...
- Section 40:66a-31.15 - Preemption Of Solid Waste Disposal System By Incinerator Authority
In the event an incinerator authority has been established in a county pursuant to the provisions of chapter 348 of the laws of 1948...
- Section 40:66a-32 - Short Title
This act shall be known and may be cited as the "solid waste management authorities law." L.1968, c. 249, s. 1, eff. Aug. 16,
- Section 40:66a-33 - Public Interest And Policy Declared
It is hereby declared to be in the public interest and to be the policy of the State to foster and promote by all...
- Section 40:66a-34 - Definitions
As used in this act, unless a different meaning clearly appears from the context: (1) "Municipality" shall mean any city of any class, any...
- Section 40:66a-35 - Solid Waste Management Authority May Be Created By Municipalities; Filing Of Ordinance Or Resolution
(a) The governing body of any municipality may, by ordinance duly adopted, create a public body corporate and politic under the name and style...
- Section 40:66a-36 - Solid Waste Management Authority; Powers To Be Vested In Members; Membership; Reimbursement For Expenses; Election
(a) The powers of a solid waste management authority shall be vested in the members thereof in office from time to time. A majority...
- Section 40:66a-37 - Acquisition Of Incinerators; Treatment Plants Or Works
Every solid waste management authority is hereby authorized and directed, subject to the limitations of this act, to acquire, in its own name but...
- Section 40:66a-38 - Solid Waste Management Authority As Political Subdivision; Powers
Every solid waste management authority shall be a public body politic and corporate constituting a political subdivision of the State established as an instrumentality...
- Section 40:66a-39 - Audit Of Accounts Of Solid Waste Management Authority Annually; Filing
It shall be the duty of every "solid waste management authority," created pursuant to this act, to cause an annual audit of the accounts...
- Section 40:66a-40 - Certified Copy Of Bond Resolution And Bond Proceedings; Filing
Every such "solid waste management authority" shall file a certified copy of every bond resolution as finally passed with the Director of the Division...
- Section 40:66a-41 - Rents, Rates, Fees Or Other Charges
(a) Every solid waste management authority is hereby authorized to charge and collect rents, rates, fees or other charges (in this act sometimes referred...
- Section 40:66a-42 - Appropriation Of Moneys For Purpose Of Solid Waste Management Authority
Any local unit shall have power, in the discretion of its governing body, to appropriate moneys for the purposes of the solid waste management...
- Section 40:66a-43 - Revenue Bonds
Revenue bonds may be authorized to be issued under this act to provide funds to pay the cost of all or any part of...
- Section 40:66a-44 - Interim Certificates; Temporary Bonds Or Other Instruments
After sale of any revenue bonds pursuant to this act, the solid waste management authority shall have power to authorize the execution and issuance...
- Section 40:66a-45 - Notice Of Adoption Of Bond Resolution; Limitation Of Actions Questioning Validity
Any solid waste management authority may cause to be published in a newspaper published in the district a notice stating the date of adoption...
- Section 40:66a-46 - Negotiability Of Bonds Or Obligations
Any provision of any law to the contrary notwithstanding any bond or other obligation issued pursuant to this act shall be fully negotiable in...
- Section 40:66a-47 - Provisions Of Bond Resolutions
Any bond resolution of a solid waste management authority providing for or authorizing the issuance of any bonds may contain provisions, and such solid...
- Section 40:66a-48 - Default In Payment Of Bonds; Trustee; Appointment; Powers; Receiver
In the event that there shall be a default in the payment of principal of or interest on any bonds after the same shall...
- Section 40:66a-49 - Personal Liability On Bonds; Not Debt Or Liability Of State Or Local Unit
Neither the member of the solid waste management authority nor any person executing bonds issued pursuant to this act shall be liable personally on...
- Section 40:66a-50 - Real Property, Acquisition Of; Condemnation
Every solid waste management authority is hereby empowered, in its own name but for the local unit or units, to acquire by purchase, gift,...
- Section 40:66a-51 - Service Charge With Regard To Real Property; Interest; Liens, Enforcement Of; Collection
(a) In the event that a service charge of any solid waste management authority with regard to any parcel of real property shall not...
- Section 40:66a-52 - Sale, Lease, Loan, Grant Or Conveyance To Solid Waste Management Authority; Permit
Any county, by resolution of its board of chosen freeholders, or any municipality, by ordinance of its governing body, or any other person is...
- Section 40:66a-53 - Contracts
Any solid waste management authority and any municipality within the district by ordinance of its governing body may enter into a contract or contracts...
- Section 40:66a-54 - Public Bodies To Pay Service Charges
Each county, municipality and other public body shall promptly pay to a solid waste management authority all service charges which the solid waste management...
- Section 40:66a-55 - Mortgage, Pledge Or Disposal Of Garbage And Solid Wastes Disposal System; Exemptions
Neither the solid waste management authority nor any local unit shall have power to mortgage, pledge, encumber or otherwise dispose of any part of...
- Section 40:66a-56 - Bonds As Legal Investments
Notwithstanding any restriction contained in any other law, the State and all public officers, municipalities, counties, political subdivisions and public bodies, and agencies thereof,...
- Section 40:66a-57 - Property As Public Property; Bonds Declared Issued By Political Subdivision; Bonds Exempt From Taxation
Every garbage and solid wastes disposal system and all other property of a solid waste management authority are hereby declared to be public property...
- Section 40:66a-58 - Competitive Systems; State's Pledge And Agreement With Bondholders
The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds issued pursuant to this act...
- Section 40:66a-59 - Banks Authorized To Give Undertaking; Deposits
All banks, bankers, trust companies, savings banks, investment companies and other persons carrying on a banking business are hereby authorized to give to any...
- Section 40:66a-60 - Municipalities' Powers Respecting Garbage And Solid Wastes Disposal Limited After Creation Of Solid Waste Management Authority; Use Of Services
After the creation of a solid waste management authority as provided herein, no municipality within the district shall have power to engage in, grant...
- Section 40:66a-61 - Liberal Construction; Regulation Of Solid Waste Management Authorities
This act shall be construed liberally to effectuate the legislative intent and as complete authority for the performance of each and every act and...
- Section 40:66a-62 - Municipalities Not Prohibited From Operating Garbage And Solid Wastes Disposal Plants
Nothing in this act shall be construed to prevent or prohibit any municipality from erecting, constructing, operating and maintaining an incinerator or garbage and...
- Section 40:66a-63 - Partial Invalidity
If any section, subsection, clause or provision of this act shall be adjudged unconstitutional or to be ineffective in whole or in part, to...
- Section 40:66a-64 - Dissolution
The governing body of any local unit which has created a solid waste management authority or the governing bodies of any two or more...
- Section 40:67-1 - Municipal Ordinances
The governing body of every municipality may make, amend, repeal and enforce ordinances to: a. Ascertain and establish the boundaries of all streets, highways,...
- Section 40:67-2 - Ordinances And Resolutions Filed
A copy of any ordinance or resolution ascertaining and establishing the boundaries, laying out, accepting the dedication of, widening, straightening, extending or changing in...
- Section 40:67-3 - Hack Or Cab Stands At Hotels
The owner or lessee of any public hotel maintaining fifty or more rooms for the accommodation of travelers may, with the permission of the...
- Section 40:67-4 - Materials For Street Improvements
In the making of any street improvement a municipality may use any material the governing body may deem best suited therefor, and in ascertaining...
- Section 40:67-5 - Streets Occupied By Railroad; Improvement Of; Cost Apportioned
In any municipality where a railroad company occupies and uses a part of any street or highway and the company is charged with the...
- Section 40:67-6 - Conduits For Wires; Rental; Construction By Utility Corporation
Every municipality may lay and construct in its streets and public places conduits for carrying wires, and place therein wires owned or controlled by...
- Section 40:67-6.1 - Permits To United States; Conduits; Manholes Or Other Appurtenances
The governing body of any municipality shall have power to grant by resolution, subject to such terms and conditions as therein may be imposed,...
- Section 40:67-6.2 - Liability Of Municipality For Injuries Or Damage As Result Of Permits To United States
No municipality shall be liable for injury to the person or damage to property as a result of any injury or damage sustained by...
- Section 40:67-7 - Change Or Improvement Of Streets; Removal And Relocation Of Tracks, Poles And Other Property
When, in the making of any improvement in any municipality any street or highway therein shall be changed or altered, the governing body may...
- Section 40:67-8 - Municipal Improvements Affecting Private Structures
Whenever any improvement of any street or highway shall make necessary any work in connection with any street railway tracks, poles, wires, pipes, conduits...
- Section 40:67-9 - Municipality May Do Work If Owner Fails; Recovery Of Cost
Where any person shall fail to comply with the direction of the governing body of a municipality to make any changes or to do...
- Section 40:67-10 - Franchises And Rights Of Owners Unaffected By Relocation
When any tracks, poles, wires, pipes, conduits or other structures shall have been relocated as provided in this article the person owning the same...
- Section 40:67-11 - Street Improvements; House Connections By Owner
Whenever any municipality shall have determined to pave, repave or otherwise improve any street or other public highway, or any portion thereof, wherein sewers,...
- Section 40:67-12 - Municipality To Make Improvements On Refusal Of Owner; Costs
All owners of real estate upon the line of the proposed improvement when ordered to make such connections shall do so within the time...
- Section 40:67-12.1 - Taking Land For Improving Roads Or Streets; Procedure
When a street or highway in any municipality has become closed or impassable, thus necessitating, in the opinion of the governing body of such...
- Section 40:67-12.2 - Time For Fixing Value Of Property; Payment Into Court
In fixing the compensation for any property taken in pursuance of section 40:67-12.1, the value of such property shall be fixed as of the...
- Section 40:67-12.3 - Compensation For Private Structure Or Building Maintained Within Boundaries Of Street
Whenever a structure or building has been erected or maintained as private property within the limits or boundaries of a public street or highway...
- Section 40:67-13 - Street Lighting; Land, Buildings And Equipment
The governing body may by ordinance cause the streets, highways, parks and public places of the municipality to be lighted, and erect and maintain...
- Section 40:67-14 - Contracts For Street Lighting; Exception
The governing body may contract with any persons for the lighting of the streets, highways, parks and public places for any term not exceeding...
- Section 40:67-15 - Contract With County For Street Lighting; Terms; Powers Conferred Additional
The governing body of every municipality may enter into contract in writing with the county park commission of the county in which it is...
- Section 40:67-16 - Safety Zones And Other Structures For Traffic Regulations; Exceptions
The governing body may establish safety zones, erect, construct and maintain platforms, commonly called "safety aisles" ; standards commonly called "silent policemen" , beacon...
- Section 40:67-16.1 - System Of Truck Routes; Establishment; Exclusion Of Trucks From Other Streets
The governing body of any municipality may, by ordinance, establish a system of truck routes in such municipality, subject to the provisions of this...
- Section 40:67-16.2 - Exceptions
Nothing in this act shall be construed to prevent such trucks from making deliveries of merchandise or other property along streets from which such...
- Section 40:67-16.3 - State Highway Routes; County Roads
Any system of truck routes established pursuant to any such ordinance shall provide suitable connection with all State routes entering and leaving such municipality....
- Section 40:67-16.4 - Marking Routes
Any such ordinance shall provide for the conspicuous marking of the streets forming the truck routes. The marking shall be by signs so placed...
- Section 40:67-16.5 - Enforcement; Penalties
Any such ordinance shall provide for its enforcement and prescribe the penalties for violations within the limitations imposed by law. L.1953, c. 354, p....
- Section 40:67-16.5a - Fines For Violation Of Certain Truck Route Ordinances; Required Signage.
1.Notwithstanding the provisions of any other law to the contrary, a municipality with a system of truck routes established by ordinance pursuant to P.L.1953,...
- Section 40:67-16.6 - Limiting Use Of Streets To Certain Classes Of Vehicles
Nothing in this act shall be deemed to be a limitation upon the authority of any such municipality to limit the use of streets...
- Section 40:67-16.7 - Temporary Closing Of Streets For Ingress And Egress To School Or For Provision Of Recreational Facilities
The governing body of any municipality may, by ordinance, authorize the mayor or other chief executive officer of the municipality, or the officer, in...
- Section 40:67-16.8 - Approval Of Regulation By Director Of Division Of Motor Vehicles
No such regulation shall become effective unless and until it shall have been approved by the Director of the Division of Motor Vehicles in...
- Section 40:67-16.9 - Closing Of Street For Preservation Of Public Safety, Health Or Welfare; Authorization By Governing Body By Ordinance; Regulations
The governing body of any municipality may, by ordinance, authorize the mayor or other chief executive officer of the municipality, or the officer, in...
- Section 40:67-16.10 - Ordinances And Regulations; Approval
No ordinance or regulation adopted thereunder pursuant to this act shall become effective unless and until it shall have been approved by the Commissioner...
- Section 40:67-17 - Statues And Memorials Erected Upon Public Streets
The governing body may construct and maintain upon the public streets and places thereof, statues, monuments, tablets, fountains and memorials, commemorative of any person...
- Section 40:67-18 - Spanish American War Monuments; Municipal Contribution
The body having control of the finances of any municipality may appropriate a sum sufficient to pay the cost of the pedestal and foundation...
- Section 40:67-19 - Vacation Of Streets And Places Dedicated But Not Accepted; Ordinance; Notice And Hearing
Whenever there shall have been a dedication of lands as a public street or highway or a public square or public place, and the...
- Section 40:67-20 - Abandonment Of Plans To Open Or Widen Streets; Disposition Of Lands
Whenever any municipality shall have received, or may hereafter receive, by deed or otherwise, land for the widening of any public street, and thereafter...
- Section 40:67-21 - Vacation Of Streets And Places; Recording; Copy As Evidence
Whenever any street, highway or other public place, or part thereof in any municipality shall be vacated in pursuance of proceedings, by ordinance or...
- Section 40:67-22 - Vacation Of Streets And Public Places Between March 11, 1920, And March 11, 1922; Recording; Copy As Evidence
L.1922, c. 142, s. 1, p. 250 (1924 Suppl. s. *136-2212), being section one of an act entitled "A supplement to an act entitled...
- Section 40:67-22.1 - Payment For Vacating Street
When any county acquires real property for use as a public park or other recreational facility in excess of 500 acres and a portion...
- Section 40:67-23 - Return Of Taxes Paid On Certain Streets
Whenever a tract of land shall be mapped and laid out by the owner showing lots and a street or streets on such lands...
- Section 40:67-23.1 - Road, Street Services
1. a. The governing body of every municipality may make, amend, repeal and enforce ordinances to cause the governing body of the municipality to...
- Section 40:67-23.2 - Definitions
1. For the purposes of this act: a. "Condominium" means the form of real property ownership provided for under the "Condominium Act," P.L.1969, c.257...
- Section 40:67-23.3 - Municipality To Reimburse Private Community For Services Or Provide Services
2. a. Except as otherwise provided in subsection b. of this section, the governing body of every municipality shall reimburse a qualified private community...
- Section 40:67-23.4 - Private Community To Pay Insurance Riders
A qualified private community shall be required to pay the cost of any insurance riders required by the municipality to enable municipal vehicles to...
- Section 40:67-23.5 - Use Of Municipal Reimbursement To Pay For Services
a. As provided in section 5 of this act and in lieu of providing some or all of the services set forth in section...
- Section 40:67-23.6 - Schedule For Reimbursement For Portion Of Cost
5. a. Pursuant to a reimbursement agreement entered into in lieu of providing some or all of the services set forth in section 2...
- Section 40:67-23.7 - Acceptance For Public Use If Conforms To Municipal Specifications
A municipality shall be required to accept for dedication for public use, by a qualified private community, any road or street within the community...
- Section 40:67-23.8 - Additional Services; Repeal Of Ordinance; Prior Agreements To Remain In Effect
Nothing in this act shall prevent a municipality from providing additional services, that primarily serve public purposes, to the residents of a qualified private...
- Section 40:67-26 - Passage Of Ordinances; Subsequent Proceedings By Resolution; Supervision By County
After the passage of such ordinance authorizing in general terms the making of such improvement and the expenditure of a sum equal to the...
- Section 40:67-27 - Contract With County; Advertisement For Bids Unnecessary
Any municipality may enter into such contract with the county in which it is situated without advertising for bids, but otherwise shall proceed in...
- Section 40:67-28 - Assessment For Benefits; Bonds And Improvement Certificates
Any municipality entering into such a contract may assess all or part of the cost to be borne by the municipality upon the real...
- Section 40:67-29 - Highways May Be Connected By Tunnels; Approaches
When in any municipality any street has been improved by the municipality to or near any navigable waterway or basin, on both sides of...
- Section 40:67-30 - Use Of State Land
If it shall be necessary to own or take any lands of the state under or above tidewater or the state's interest therein such...
- Section 40:67-31 - Location Of Tunnel And Approaches; Right Of Entry Upon Lands
The governing body may locate such tunnels and approaches wholly on private lands, or partly in streets or highways or avenues and partly on...
- Section 40:67-32 - Acquisition Of Necessary Land; Damages To Land Compensated
When the tunnel or tunnels or approaches shall be located upon any land other than a highway or street, or land which has been...
- Section 40:67-33 - Contract With Landowners To Build Tunnel; Contribution By; Streets Vacated
The governing body of such municipality with the mayor or other chief executive officer may enter into contract with the owner or owners of...
- Section 40:67-34 - Statement Of Cost And Damages Filed
The governing body authorized to construct the tunnel shall file with the municipal clerk a detailed statement in writing of the estimated cost of...
- Section 40:67-35 - Tunnel Considered General Improvement
The work provided for in this article shall be undertaken as a general improvement, and the provisions therefor, except as in this article otherwise...
- Section 40:67-47 - Release Or Extinction Of Public Right In Canal Or Canal Bed Not Used For Twenty Years
Whenever any canal or canal bed, the title to which is not vested in the State, county, municipality, or other public body, and has...
- Section 40:67-48 - Filing Copy Of Ordinance; Evidence
After such ordinance becomes effective, the municipal clerk shall file a copy of such ordinance, certified by him, under the seal of the municipality,...
- Section 40:68-1 - Acquisition Of Land; Reclamation And Improvement Of Land
The governing body of each municipality may acquire by purchase or condemnation, any marsh or other unimproved lands within or adjoining the municipality as...
- Section 40:68-2 - Contracts; Plans, Specifications, Advertisement And Bids
Before the erection, construction, extension, alteration or improvement of wharves, piers, bulkheads, docks, slips, basins, or harbor or other structures or shipping and docking...
- Section 40:68-3 - Lease Of Improvements; Terms; Lessee's Bond; Use Of Improvement By Others
The governing body may lease for any period not exceeding ten years, under such covenants, terms and conditions as it may prescribe, storage facilities,...
- Section 40:68-4 - Ordinances Relating To Water Fronts
The governing body of every municipality shall have power to make, amend, repeal and enforce ordinances to: General improvements; use regulated. a. Provide for...
- Section 40:68-5 - Acquisition Of Railroads And Equipment Connecting With Water Front Improvements
Any municipality may own or acquire by purchase or lease, any railroad and railroad system existing on April nineteenth, one thousand nine hundred and...
- Section 40:68-6 - Operation Of Railroad By Municipality; Lease To Corporation
Any municipality may operate any such railroad or railroad system owned or leased by it, or rent the same for revenue, to a corporation...
- Section 40:68-7 - Income From Improvements And Railway; Use Of; Annual Deficits
All income received by the municipality for wharfage, storage, cranage, dockage and all other rates, fees and charges, all rentals from leases, and the...
- Section 40:68-8 - Funds For Supervision And Control Of Improvements And Ferries
The governing body shall appropriate and raise annually the funds necessary to pay the costs and expenses incident to the supervision and control of...
- Section 40:68-9 - Officers, Agents And Employees
Any municipality may provide for and employ all officers, agents, engineers and employees needed to carry out the powers given by this chapter, and...
- Section 40:68-10 - Annual Report; Contents; Filing
The governing body shall require an annual report to be made and submitted to the mayor or other chief executive officer and filed in...
- Section 40:68-11 - Powers Conferred Deemed Additional
Nothing in this chapter shall be deemed to repeal, amend or affect the provisions of Title 48, Public Utilities. This chapter shall be deemed...
- Section 40:68-12 - Private Wharves Or Other Improvements; License For Construction; Application; Procedure
Any person desiring to construct, alter, improve or extend any wharf, pier, dock, bulkhead, or other building in the nature thereof, harbor structures, and...
- Section 40:68-13 - Failure To Obtain License; Effect; Penalty; Duration Of License
Any such wharf, pier, dock, bulkhead, building, harbor or other structure, constructed, altered, improved or extended within the limits of any municipality beyond low...
- Section 40:68-14 - Removal Of Obstruction From Wharves; Procedure On Failure Of Owner
The owner or lessee of private wharves, piers and bulkheads within the municipality shall at all times keep and maintain the adjoining dock or...
- Section 40:68-15 - Persons Aggrieved May Petition Court; Procedure
40:68-15. Any person aggrieved by any decision of the governing body, either granting or refusing in whole or in part application for a license...
- Section 40:68-16 - Municipal Appropriation To Assist Federal Government In Protecting Water Front
The governing body of any municipality bordering upon the Atlantic ocean may appropriate and pay out of its treasury into the treasury of the...
- Section 40:68-17 - "Port Authority" Defined
As used in this article "port authority" means The Port of New York Authority created by compact of April thirtieth, one thousand nine hundred...
- Section 40:68-18 - "Marine Terminal" Defined
As used in this article the words "marine terminal" means and includes a development consisting of one or more piers, wharves, docks, bulkheads, slips,...
- Section 40:68-19 - "Property" Defined
As used in this article the word "property" means and includes real and personal property, chattels, lands, structures, franchises, and interests in land, including...
- Section 40:68-20 - Powers Appurtenant To Establishment And Maintenance Of Marine Terminals
Any municipality may co-operate with the port authority in the establishment, maintenance and operation of marine terminals within the corporate limits of such municipality,...
- Section 40:68-21 - Use Of Income; Issuance Of Bonds And Other Obligations
The income derived by any municipality from the maintenance, operation or control of any marine terminal leased to such municipality pursuant to this article...
- Section 40:68-22 - Local Harbor And Water Front Commission; Creation; Members; Appointment; Term
The governing body of each municipality is hereby authorized to create, by ordinance, a local harbor and water front commission to be known as...
- Section 40:68-23 - Powers And Duties.
2.The commission so created shall be vested with such powers and duties as shall be defined and designated by ordinance adopted by the governing...
- Section 40:68-24 - Governing Body Approval Required
3. a. Any act by the commission so created involving an expenditure, lease or transfer of property exceeding $2,500.00 in value shall require the...
- Section 40:68-25 - Dedicated Revenues; Applicability Of Section 40:2-18
Revenues of any harbor and water-front commission created by ordinance of a municipality pursuant to the act of which this act is a supplement...
- Section 40:68-26 - Repeals
All general or special laws, or parts thereof, inconsistent herewith are to the extent of such inconsistency hereby repealed. L.1956, c. 220, p. 780,...
- Section 40:68-27 - Establishment Of District; Ordinance; Special Election
Whenever any section or portion of a municipality which borders on tidal waters is threatened by flooding, the governing body of such municipality may...
- Section 40:68-28 - Beach Erosion Control Commission; Establishment
Whenever in any such municipality a Beach Erosion Control District is established under the provisions of this act, a Beach Control Erosion Control Commission...
- Section 40:68-29 - Election Of Commissioners; Term
On a day designated in the ordinance creating such district, a special election shall be held in the district, to elect 3 commissioners who...
- Section 40:68-30 - Vacancies; Special Election; Term
Whenever a vacancy occurs, a special election shall be held within the district to fill such vacancy. Any person so elected shall serve for...
- Section 40:68-31 - Petition For Nomination
Candidates for election for the office of commissioner shall be nominated by petition. Such petition shall be addressed to the clerk of the municipality...
- Section 40:68-32 - Verification Of Petition
Each petition so filed shall be verified by the oath of one or more of the signers thereof taken and subscribed before a person...
- Section 40:68-33 - Filing Of Petition
All such petitions shall be filed at least 15 days before the date of the election for members of the Beach Erosion Control Commission....
- Section 40:68-34 - Ballots; Form And Content; Advertisement Of Election
The ballots for said special election pursuant to section 3 of this act shall be ordered to be printed by the clerk of the...
- Section 40:68-35 - Judge Of Election; Teller; Compensation
The governing body of the municipality wherein the district is located shall at least 10 days prior to such election appoint one person, resident...
- Section 40:68-36 - Registry List; Persons Entitled To Vote
The judge of election shall, at least 5 days prior to the election, obtain from the person having them in his charge, the registry...
- Section 40:68-37 - Polls; Hours Open; Record Of Persons Voting
The polls for the election of said commissioners shall be opened at 2:00 P.M. and shall remain open until 8:00 P.M. of the day...
- Section 40:68-38 - Counting Of Votes; Certification Of Results; Forwarding To Municipal Clerk; Announcement Of Results
Immediately after the close of the polls the judge and teller shall proceed forthwith to count the votes for each candidate and shall complete...
- Section 40:68-39 - Oaths; Meeting; Election Of Officers; Acts Of Majority
Each commissioner shall, within 1 week after his election, qualify by taking and subscribing before the clerk of such municipality or some other person...
- Section 40:68-40 - Powers
Every Beach Erosion Control District shall be a public body politic and corporate, constituting a political subdivision of the State and shall have perpetual...
- Section 40:68-41 - Entry Upon Lands Or Waters To Make Surveys, Borings, Sounding And Examinations; Condemnation; Compensation
The district, its agents, officers, engineers or others in its employ, may enter at all times upon all lands or waters for the purpose...
- Section 40:68-42 - Bonds, Notes Or Other Evidence Of Indebtedness; Issuance; Limitation
To finance any of the purposes or powers provided for in this act or for the purpose of funding or refunding its bonds, notes...
- Section 40:68-43 - Guaranty Of Bonds
For the purpose of aiding a district in the accomplishment of any of the purposes or powers provided for in this article and in...
- Section 40:68-44 - Issuance Of Notes, Bonds Or Other Evidence Of Indebtedness According To Local Bond Law; Purchase Of Bonds By Municipality
Notes, bonds or other evidence of indebtedness issued by a district shall be issued under and in accordance with the Local Bond Law, chapter...
- Section 40:68-45 - Appropriation Of Moneys; Loans Or Donations To District
Any municipality wherein a district is situate shall have the power in the discretion of its governing body to appropriate moneys for the purposes...
- Section 40:68-46 - Budget; Adoption
The district commissioners shall adopt a budget for the district which budget shall be prepared and adopted in accordance with the Local Budget Law,...
- Section 40:68-47 - Payment Of Moneys To District Treasurer
The tax collector of the municipality in which the district is situate shall pay over all money collected by him which shall have been...
- Section 40:68-48 - District Contracts
a. The district shall award no contract or agreement for the purposes provided for in this act exceeding in amount the sum of $7,500.00...
- Section 40:68-49 - Annual Audit
It shall be the duty of every Beach Erosion Control Commission created pursuant to this act to cause an annual audit of the accounts...
- Section 40:68-50 - Dissolution Of District; Debts And Obligations; Property; Resolution As Evidence
The governing body of the township which has created a beach erosion district pursuant to this act by resolution dissolves such district if either...
- Section 40:68-51 - Partial Invalidity
If any section or sections of this act or any provision thereof shall be declared to be unconstitutional, invalid or inoperative in whole or...
- Section 40:68-52 - Removal Of District Members; Grounds; Hearing
A member of the beach erosion district may be removed by the governing body of the township for incapacity, inefficiency or neglect of duty,...
- Section 40:68a-1 - Short Title
This act shall be known and may be cited as the "port authorities law." L.1948, c. 349, p. 1380, s. 1, eff. Sept. 1,
- Section 40:68a-2 - Declaration Of Public Interest And Policy Of State
It is hereby declared to be in the public interest and to be the policy of the State to foster and promote by all...
- Section 40:68a-3 - Definitions
As used in this act, unless a different meaning clearly appears from the context: (1) "Municipality" shall mean any city of any class, any...
- Section 40:68a-4 - Port Authority; Creation By Municipalities; Membership, Filing Of Ordinances And Resolutions
(a) The governing body of any municipality may, by ordinance duly adopted, create a public body corporate and politic under the name and style...
- Section 40:68a-5 - Members Of Port Authority; Powers; Terms; Expenses; Officers, Agents And Authorities; Civil Service
(a) The powers of a port authority shall be vested in the members thereof in office from time to time. A majority of the...
- Section 40:68a-6 - Acquisition Of Property
Every port authority is hereby authorized and directed, subject to the limitations of this act, to acquire, in its own name but for the...
- Section 40:68a-7 - Port Authority As Political Subdivision; Powers
Every port authority shall be a public body politic and corporate constituting a political subdivision of the State established as an instrumentality exercising public...
- Section 40:68a-7.1 - Audit Of Accounts Of Port Authority Annually; Filing
It shall be the duty of every "port authority," created pursuant to the act to which this act is a supplement, to cause an...
- Section 40:68a-7.2 - Certified Copies Of Bond Resolutions And Bond Proceedings; Filing
Every such "port authority" shall file a certified copy of every bond resolution as finally passed with the Director of the Division of Local...
- Section 40:68a-8 - Service Charges
(a) Every port authority is hereby authorized to charge and collect rents, rates, fees or other charges (in this act sometimes referred to as...
- Section 40:68a-9 - Appropriations By Local Units
Any local unit shall have power, in the discretion of its governing body, to appropriate moneys for the purposes of the port authority, and...
- Section 40:68a-10 - Revenue Bonds
Revenue bonds may be authorized to be issued under this act to provide funds for the construction, acquisition, repair, improvement or extension of such...
- Section 40:68a-11 - Interim Certificates; Temporary Bonds Or Other Instruments
After sale of any revenue bonds pursuant to this act, the port authority shall have power to authorize the execution and issuance to the...
- Section 40:68a-12 - Notice As To Time For Bringing Actions Questioning Validity
Any port authority may cause to be published in a newspaper published in the district a notice stating the date of adoption of such...
- Section 40:68a-13 - Negotiability Of Bonds Or Obligations
Any provision of any law to the contrary notwithstanding any bond or other obligation issued pursuant to this act shall be fully negotiable within...
- Section 40:68a-14 - Provisions Of Bond Resolutions
Any bond resolution of a port authority providing for or authorizing the issuance of any bonds may contain provisions, and such port authority, in...
- Section 40:68a-15 - Default In Payment Of Bonds; Trustees; Appointment; Powers; Receiver
In the event that there shall be a default in the payment of principal of or interest on any bonds after the same shall...
- Section 40:68a-16 - Personal Liability On Bonds; Not Debt Or Liability Of State Or Local Unit
Neither the members of the port authority nor any person executing bonds issued pursuant to this act shall be liable personally on the bonds...
- Section 40:68a-17 - Real Property; Acquisition; Condemnation
Every port authority is hereby empowered, in its own name but for the local unit or units, to acquire by purchase, gift, grant or...
- Section 40:68a-18 - Service Charge With Regard To Real Property; Interest; Lien; Enforcement; Collection
In the event that any service charge of a port authority shall not be paid as and when due, the unpaid balance thereof and...
- Section 40:68a-19 - Sale, Lease, Loan, Grant Or Conveyance To Port Authority; Permit
Any county, by resolution of its board of chosen freeholders, or any municipality, by ordinance of its governing body, or any other person is...
- Section 40:68a-20 - Public Bodies To Pay Service Charges
Each county, municipality and other public body shall promptly pay to any port authority all service charges for any use of its port facilities,...
- Section 40:68a-21 - Mortgage, Pledge Or Disposal Of Port Facilities; Exemptions
Neither the port authority nor any local unit shall have power to mortgage, pledge, encumber or otherwise dispose of any part of the port...
- Section 40:68a-22 - Bonds As Legal Investments
Notwithstanding any restriction contained in any other law, the State and all public bodies, and agencies thereof, all banks, bankers, trust companies, savings and...
- Section 40:68a-23 - Property As Public Property; Bonds Declared Issued By Political Subdivision; Bonds Exempt From Taxation
All port facilities and all other property of a port authority are hereby declared to be public property of a political subdivision of the...
- Section 40:68a-24 - Pledge Of State To Bondholders
The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds issued pursuant this act that...
- Section 40:68a-25 - Banks Authorized To Give Undertaking; Deposits
All banks, bankers, trust companies, savings banks, investment companies and other persons carrying on a banking business are hereby authorized to give to any...
- Section 40:68a-26 - Competitive Activities
After the creation of a port authority as provided herein, no municipality within the district shall have power to engage in, or grant any...
- Section 40:68a-27 - Liberal Construction; Regulation Of Port Authorities
This act shall be construed liberally to effectuate the legislative intent and as complete and independent authority for the performance of each and every...
- Section 40:68a-28 - Partial Invalidity
If any section, subsection, clause or provision of this act shall be adjudged unconstitutional or to be ineffective in whole or in part, to...
- Section 40:68a-29 - Short Title
This act shall be known and may be cited as the "municipal port authorities law." L.1960, c. 192, p. 807, s. 1, eff. Feb....
- Section 40:68a-30 - Declaration Of Public Interest And Policy
It is hereby found that there exists a lack of adequate port facilities available for public use in municipalities in, along or through the...
- Section 40:68a-31 - Definitions
As used in this act, unless a different meaning clearly appears from the context: (1) "Municipality" shall mean any city, borough, village, town, township,...
- Section 40:68a-32 - Municipal Port Authority; Creation By Municipalities; Membership; Terms; Vacancies
The governing body of any municipality in, along or through the territory of which a navigable river flows, may by ordinance create a public...
- Section 40:68a-33 - Officers, Agents And Employees; Civil Service
a. Every municipal port authority, upon the first appointment of its members and thereafter on or after February 1 in each year, shall annually...
- Section 40:68a-34 - Powers Vested In Members; Quorum
The powers of the municipal port authority shall be vested in the members thereof in office from time to time and 3 members shall...
- Section 40:68a-35 - Reimbursement For Expenses; Compensation For Services
A municipal port authority may reimburse its members for necessary expenses incurred in the discharge of their duties. The ordinance for the creation of...
- Section 40:68a-36 - Interest Of Members, Officers Or Employees In Property Or Contracts
No member, officer or employee of a municipal port authority shall have or acquire any interest, direct or indirect, in the port system or...
- Section 40:68a-37 - Removal Of Members
A member of a municipal port authority may be removed by the governing body of the municipality for incapacity, inefficiency or neglect of duty...
- Section 40:68a-38 - Dissolution Of Municipal Port Authority; Vesting Of Property In Municipality
The governing body of any municipality which has created a municipal port authority pursuant to this act may, by ordinance adopted by the recorded...
- Section 40:68a-39 - Purpose Of Municipal Port Authority
The purpose of every municipal port authority shall be the improvement, establishment and development of facilities in its port district for port purposes by...
- Section 40:68a-40 - Municipal Port Authority As Political Subdivision; Powers
Every municipal port authority shall be a public body politic and corporate constituting a political subdivision of the State established as an instrumentality exercising...
- Section 40:68a-41 - Facility Charges
Every municipal port authority is hereby authorized to fix, charge and collect rents, rates, fees or other charges (in this act sometimes referred to...
- Section 40:68a-42 - Schedule Of Facility Charges
Every municipal port authority may prescribe and from time to time when necessary revise a schedule of all its facility charges. The facility charges...
- Section 40:68a-43 - Powers Of Municipalities; Finances; Ordinance
a. Any municipality shall have power, in the discretion of its governing body, and pursuant to ordinance: (1) To appropriate moneys for the purposes...
- Section 40:68a-43.1 - Provisions Relative To Municipal Port Authorities.
3.In accordance with rules and regulations which the Local Finance Board is hereby authorized to adopt, municipal port authorities created pursuant to P.L.1960, c.192...
- Section 40:68a-44 - Authority To Issue Bonds; Bond Resolution
For the purpose of raising funds to pay the cost of any part of its port system or for the purpose of funding or...
- Section 40:68a-45 - Issuance Of Bonds
Upon the adoption of a bond resolution, a municipal port authority shall have power to incur indebtedness, borrow money and issue its bonds for...
- Section 40:68a-46 - Sale Of Bonds; Interest
Bonds of a municipal port authority may be sold by the municipal port authority at public or private sale at such price or prices...
- Section 40:68a-47 - Filing Copy Of Bond Resolution; Publication Of Notice; Limitation Of Actions
The municipal port authority shall cause a copy of any bond resolution adopted by it to be filed for public inspection in its office...
- Section 40:68a-48 - Agreements With Bondholders
Any bond resolution of a municipal port authority providing for or authorizing the issuance of any bonds may contain provisions and such municipal port...
- Section 40:68a-49 - Default In Payment Of Series Bonds; Appointment Of Trustee; Powers
(a) If the bond resolution of a municipal port authority authorizing or providing for the issuance of a series of its bonds shall provide...
- Section 40:68a-50 - Appointment Of Receiver; Powers And Duties
If the bond resolution of a municipal port authority authorizing or providing for the issuance of a series of its bonds shall provide in...
- Section 40:68a-51 - Personal Liability On Bonds; Not Debt Or Liability Of State, County Or Municipality
Neither the members of the municipal port authority nor any person executing bonds issued pursuant to this act shall be liable personally on the...
- Section 40:68a-52 - Negotiability Of Bonds
Any provision of any law to the contrary notwithstanding, any bond or other obligation issued pursuant to this act shall be fully negotiable within...
- Section 40:68a-53 - Real Property; Acquisition; Condemnation
Every municipal port authority is hereby empowered, in its own name but for the local unit, to acquire by purchase, gift, grant or devise...
- Section 40:68a-54 - Construction Or Operation Of Port System; Additional Powers; Relocation Of Facilities
In addition to other powers conferred by this act or by any other law, and not in limitation thereof, every municipal port authority, in...
- Section 40:68a-55 - Aid And Co-operation Of Local Units
For the purpose of aiding and co-operating in the planning, undertaking, acquisition, construction or operation of any project of a municipal port authority, the...
- Section 40:68a-56 - Sale, Lease, Loan, Grant Or Conveyance To Municipal Port Authority
Any municipality, by ordinance of its governing body, or any other person is hereby empowered, without any referendum or public or competitive bidding to...
- Section 40:68a-57 - Appropriation Of Money By Local Unit
The local unit shall have power from time to time, pursuant to ordinance of its governing body, and for such period and upon such...
- Section 40:68a-58 - Contracts For Use Or Lease Of Port System
Any municipal port authority and any person, may enter into a contract or contracts provided for or relating to the use or lease of...
- Section 40:68a-59 - Mortgage, Pledge Or Disposal Of Port System; Exceptions
Except as otherwise expressly hereinabove provided with respect to the right of the municipal port authority to grant by franchise, lease or otherwise the...
- Section 40:68a-60 - Exemption From Execution
All property of a municipal port authority shall be exempt from levy and sale by virtue of an execution and no execution or other...
- Section 40:68a-61 - Payments In Lieu Of Taxes
Every municipal port authority and every municipality in which any property of the municipal port authority is located are hereby authorized and empowered to...
- Section 40:68a-62 - Bonds As Legal Investments
Notwithstanding any restriction contained in any other law, the State and all public officers, municipalities, counties, political subdivisions and public bodies, and agencies thereof,...
- Section 40:68a-63 - Tax Exemptions
Every port system and all other properties of a municipal port authority are hereby declared to be public property of a political subdivision of...
- Section 40:68a-64 - Pledge Of State To Bondholders
The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds issued pursuant to a bond...
- Section 40:68a-65 - Banks Authorized To Give Undertaking; Deposits
All banks, bankers, trust companies, savings banks, investment companies and other persons carrying on a banking business are hereby authorized to give to any...
- Section 40:68a-66 - Annual Audit
Each municipal port authority shall cause an annual audit of its accounts to be made, and for this purpose it shall employ a registered...
- Section 40:68a-67 - Filing Certified Copies Of Bond Resolutions And Annual Budgets
Each municipal port authority shall file a certified copy of each bond resolution adopted by it in the office of the Division of Local...
- Section 40:68a-68 - Liberal Construction
This act shall be construed liberally to effectuate the legislative intent and as complete and independent authority for the performance of each and every...
- Section 40:68a-69 - Partial Invalidity
If any section, subsection, clause or provision of this act shall be adjudged unconstitutional or to be ineffective in whole or in part, to...
- Section 40:69a-1 - Election On Question Whether Charter Commission Shall Be Elected
(a) Whenever authorized by ordinance of the governing body or upon petition of the registered voters of any municipality, an election shall be held...
- Section 40:69a-2 - Election Of Charter Commission Members At Same Time Public Question Is Submitted
A charter commission of five members shall be elected by the qualified voters at the same time as the public question is submitted. Duly...
- Section 40:69a-3 - Candidates For Charter Commission
Candidates for the charter commission shall be registered voters of the municipality. They may be nominated by petition signed by at least 3% or...
- Section 40:69a-4 - Canvass Of Election
The result of the votes cast for and against the adoption of the public question shall be returned by the election officers, and a...
- Section 40:69a-5 - Organization Of Charter Commission; Quorum; Majority Required For Effective Recommendations
As soon as possible and in any event no later than fifteen days after its election, the charter commission shall organize and hold its...
- Section 40:69a-6 - Vacancies In Charter Commission
In case of any vacancy in the charter commission, the remaining members of such commission shall fill it by appointing thereto some other properly...
- Section 40:69a-7 - Duties Of Charter Commission
It shall be the function and duty of the charter commission to study the form of government of the municipality, to compare it with...
- Section 40:69a-8 - No Compensation; Expenses Of Commission Members; Consultants And Assistants
Members of the charter commission shall serve without compensation but shall be reimbursed by the municipality for their necessary expenses incurred in the performance...
- Section 40:69a-9 - Hearings; Public Forums
The charter commission shall hold public hearings, may hold private hearings and sponsor public forums and generally shall provide for the widest possible public...
- Section 40:69a-10 - Report Of Charter Commission; Copies
The charter commission shall report its findings and recommendations to the citizens of the municipality in accordance with section 1-7 within 9 calendar months...
- Section 40:69a-11 - Discharge Of Charter Commission; Change Of Recommendation; Amended Report
(a) The charter commission shall be discharged upon the filing of its report; provided, that if the commission's recommendations require further procedure on the...
- Section 40:69a-12 - Report And Recommendations
1-12. The charter commission may report and recommend: (a) That a referendum shall be held to submit to the qualified voters of the municipality...
- Section 40:69a-13 - Number Of Council Members And Wards; Recommendations
(a) If the charter commission shall recommend the adoption of the mayor-council plan of government or the council-manager plan of government, it may also...
- Section 40:69a-14 - Form Of Question Submitted To Voters
1-14. The question to be submitted to the voters for the adoption of any of the optional plans of government authorized by this act,...
- Section 40:69a-15 - Ballots; Submission Of Question Of Adoption Of Optional Plan Of Government
If the charter commission shall recommend that the question of adopting one of the optional plans of government authorized by this act shall be...
- Section 40:69a-16 - Special Charter Or Specific Amendments Of Charters; Petition To Legislature
If the charter commission shall propose a special charter or specific amendment or amendments of or to the existing charter of the municipality, it...
- Section 40:69a-17 - Other Proceedings Pending; No New Resolution Or Petition Within 4 Years
No ordinance may be passed and no petition may be filed for the election of a charter commission pursuant to section 1-1 of this...
- Section 40:69a-18 - Adoption Of Optional Plan Without Charter Commission
The legally qualified voters of any municipality may adopt any of the optional plans provided in this act upon petition and referendum, without a...
- Section 40:69a-19 - Petition For Election Upon Adoption Of Optional Plan Of Government
Upon petition of the registered voters of any municipality, an election shall be held in the municipality upon the question of adopting any of...
- Section 40:69a-20 - Submission Of Question
The municipal clerk shall provide for the submission of the question at the next general or regular municipal election if one is to be...
- Section 40:69a-21 - Other Proceedings Pending; No New Petition Within 4 Years
No petition for submission of the question of adopting an optional plan of government pursuant to section 1-18 et seq. of this act may...
- Section 40:69a-22 - Vote In Favor Of Change In Form Of Government
Whenever the legally qualified voters of any municipality by a majority of those voting on the question, vote in favor of adopting a change...
- Section 40:69a-23 - Optional Form Of Government; Adoption, No Vote For 10 Years Thereafter To Change.
1-23. The voters of any municipality which has adopted an optional form of government pursuant to this act may not vote on the question...
- Section 40:69a-24 - Each Optional Plan Declared Complete Form Of Government
For the purposes of this act each of the optional plans of government provided in this act, and each of said optional plans as...
- Section 40:69a-25 - Reversion To Prior Law.
1-25. Any municipality may, subject to the provisions of section 1-23 of this act, abandon its optional plan and revert to the form of...
- Section 40:69a-25.1 - Amendment Of Charter To Include Alternative Under Plan Of Government; Referendum; Ballot; Form Of Question
a. Any municipality governed by a plan of government adopted pursuant to P.L.1950, c. 210 (C. 40:69A-1 et seq.) may, by referendum, amend its...
- Section 40:69a-25.2 - Alternative Under 40:69a-25.1, Transition Provisions
8. a. Whenever any municipality, pursuant to the authority granted in section 7 of this act, shall amend its charter to include an alternative...
- Section 40:69a-25.3 - Group C Alternative; Adoption; Transitional Provisions
Whenever any municipality shall, pursuant to the authority granted in section 7 of this act, amend its charter only to include an alternative permitted...
- Section 40:69a-25.4 - Group D Alternative; Adoption; Transitional Provisions
Whenever any municipality shall, pursuant to the authority granted in section 7 of this act, amend its charter only to include an alternative permitted...
- Section 40:69a-25.5 - Group E Alternative; Adoption; Transitional Provisions
Whenever any municipality shall, pursuant to the authority granted in section 7 of this act, amend its charter only to include an alternative permitted...
- Section 40:69a-26 - Laws Governing After Adoption Of Optional Form Of Government
Upon the adoption by the qualified voters of any municipality of any of the optional forms of government set forth in this act, the...
- Section 40:69a-27 - Municipality Remains Body Corporate And Politic; Name
Upon such adoption of a plan under this act, the inhabitants of any municipality or municipalities within the corporate limits as now or hereafter...
- Section 40:69a-28 - "General Law" Defined
For the purposes of this act, a "general law" shall be deemed to be any law or provision of law, not inconsistent with this...
- Section 40:69a-29 - Powers Of Municipality.
2-4. Each municipality governed by an optional form of government pursuant to this act shall, subject to the provisions of this act or other...
- Section 40:69a-30 - Power Of Local Self-government Conferred; Construction Of Grants Of Power
The general grant of municipal power contained in this article is intended to confer the greatest power of local self-government consistent with the Constitution...
- Section 40:69a-31 - Applicable Laws
The form of government provided in this article shall be known as the "mayor-council plan and shall, together with articles 2 and 17, govern...
- Section 40:69a-32 - Mayor-council Plan
a. Each municipality hereunder shall be governed by an elected council, and an elected mayor and by such other officers and employees as may...
- Section 40:69a-33 - Mayor; Election; Term
The mayor shall be elected by the voters of the municipality, and shall serve for a term of 4 years. L.1950, c. 210, p....
- Section 40:69a-34 - Council Members; Number; Term
The council shall consist of five members, unless otherwise provided in the municipal charter, who shall serve for a term of 4 years. L.1950,...
- Section 40:69a-34.1 - Mayor-council Plan; Election Of Mayor And Council; Regular Municipal Or General Election
Any municipality adopting a mayor-council plan of government shall provide in its charter that the mayor and council shall be elected by the voters...
- Section 40:69a-34.2 - Council Members; Election At Large Or By Ward
Any municipality adopting a mayor-council plan of government shall provide in its charter either: a. That the council members shall be elected at large...
- Section 40:69a-34.3 - First Council Members; Terms Of Office
a. Any municipality adopting a mayor-council plan of government may provide in its charter that the council members elected at the first regular municipal...
- Section 40:69a-36 - Legislative Power
The legislative power of the municipality shall be exercised by the municipal council, subject to the procedures set forth in this plan of government....
- Section 40:69a-37 - Investigative, Removal Powers
The council, in addition to such other powers and duties as may be conferred upon it by this charter or otherwise by general law,...
- Section 40:69a-37.1 - Mayoral Control Of Administration
In any municipality adopting the mayor-council plan of government, the municipal council shall deal with employees of the department of administration and other administrative...
- Section 40:69a-38 - Municipal Clerk; Duties
The council shall appoint a municipal clerk, who shall serve as clerk of the council, keep its minutes and records of its proceedings, maintain...
- Section 40:69a-39 - Executive Power
The executive power of the municipality shall be exercised by the mayor, subject to the procedures set forth in this plan of government. L....
- Section 40:69a-40 - Mayoral Duties
The mayor shall: a. Enforce the charter and ordinances of the municipality and all general laws applicable thereto; b. Report annually to the council...
- Section 40:69a-41 - Approval Or Veto Of Ordinances; Attending Meetings
(a) Ordinances adopted by the council shall be submitted to the mayor, and he shall within ten days after receiving any ordinance, either approve...
- Section 40:69a-42 - Acting Mayor
The mayor shall designate the business administrator, any other department head, or the municipal clerk to act as mayor whenever the mayor shall be...
- Section 40:69a-43 - Municipal Departments, Number.
3-13. (a) The municipality shall have a department of administration and such other departments, not less than two and not exceeding nine in number,...
- Section 40:69a-43a - Administrative Department Salaries
The mayor shall, subject to any pertinent civil service requirements and any pertinent contractual obligations, and within the general limits of the municipal budget,...
- Section 40:69a-43.1 - Deputy Director Of Department
The director of each department in any city of the second class which, prior to the effective date of this amendatory and supplementary act,...
- Section 40:69a-43.2 - Powers And Duties Of Deputy
The director shall prescribe, in writing, the powers and duties of the deputy so appointed by him and the acts of such deputy, within...
- Section 40:69a-44 - Department Of Administration; Director; Qualifications; Powers And Duties
The department of administration shall be headed by a director who shall be known and designated as business administrator. He shall be chosen solely...
- Section 40:69a-45 - Preparation Of Budget
The municipal budget shall be prepared by the mayor with the assistance of the business administrator. During the month of November, the mayor shall...
- Section 40:69a-46 - Budget Submitted To Council
Except in those municipalities which operate on the State fiscal year pursuant to section 2 or 3 of P.L.1991, c.75 (C.40A:4-3.1 or C.40A:4-3.2), on...
- Section 40:69a-46.1 - Mayor-council Plan Deadline
Notwithstanding the provisions of section 3-16 of P.L. 1950, c. 210 (C. 40:69A-46), in any local budget year for which budget dates are extended...
- Section 40:69a-47 - System Of Work Programs And Quarterly Allotments
The council shall where practicable provide for the maintenance of a system of work programs and quarterly allotments, for operation of the budget. It...
- Section 40:69a-48 - Control Functions
Provision shall be made by ordinance for the exercise of a control function, in the management of the finances of the municipality, by some...
- Section 40:69a-60.1 - Mayoral Appointees
The mayor of any municipality having a population of more than 300,000, which, prior to January 9, 1982, had adopted the form of government...
- Section 40:69a-60.2 - Powers And Duties Of Deputies, Secretaries And Aides
The mayor shall prescribe, in writing, the powers and duties of the deputy or deputies, personal secretary, executive secretary, and aides to the mayor....
- Section 40:69a-60.3 - Municipalities Over 300,000; Department Of Administration; Assistant Business Administrator
The director of the department of administration in any municipality having a population of more than 300,000 which, prior to the effective date of...
- Section 40:69a-60.4 - Powers And Duties Of Assistant Business Administrator
The director shall prescribe, in writing, the power and duties of the assistant business administrator so appointed and the acts of such assistant business...
- Section 40:69a-60.5 - Appointment Of Executive Secretary, Aides For Council Member; Terms; Compensation
1. The municipal council of any municipality having a population of more than 270,000 which, prior to January 9, 1982 had adopted the form...
- Section 40:69a-60.6 - Powers And Duties Of Aides
The municipal council shall prescribe, in writing, the powers and duties of the aide. L.1973, c. 89, s. 2, eff. April 24, 1973.
- Section 40:69a-60.7 - City Of First Class Under Mayor-council Plan C; Police Chief; Appointment; Term Of Office; Removal
a. Notwithstanding the provisions of any other law to the contrary, the governing body of any city of the first class, which, prior to...
- Section 40:69a-67.1 - Municipality With Mayor-council Plan D; Housing Counsellor; Duties
The governing body of any municipality having a population in excess of 60,000 persons, in which, prior to the effective date of P.L.1981, c....
- Section 40:69a-67.2 - Appointment; Removal; Salary
The position of housing counsellor created pursuant to section 1 of this act shall be filled by appointment of the council. The housing counsellor...
- Section 40:69a-81 - Applicable Laws
The form of government provided in this article shall be known as the "council-manager plan " and shall, together with articles 2 and 17,...
- Section 40:69a-82 - Government By Elected Council And Appointed Manager And Other Officers And Employees
Each municipality under this article shall be governed by an elected council and by an appointed municipal manager, and by such other officers and...
- Section 40:69a-83 - Council
The municipal council shall consist of five members, unless otherwise provided in the municipal charter, who shall serve for a term of 4 years....
- Section 40:69a-83.1 - Council-manager Plan; Charter Provision; Regular Municipal Or General Election; Term Of Office
Any municipality adopting a council-manager plan of government shall provide in its charter that the council members shall be elected by the voters of...
- Section 40:69a-83.2 - Election At Large Or By Wards
Any municipality adopting a council-manager plan of government shall provide in its charter either: a. That the council members shall be elected at large...
- Section 40:69a-83.3 - Terms Of First Council Members
Any municipality adopting a council-manager plan of government may provide in its charter that the council members elected at the first regular municipal election...
- Section 40:69a-86 - Mayor; Election By Council Or By Voters; Charter Provision
Any municipality adopting a council-manager plan of government shall provide in its charter either: a. That the mayor shall be elected by the members...
- Section 40:69a-87 - Duties Of Mayor
The mayor shall preside at all meetings of the municipal council and shall have a voice and vote in its proceedings. He shall fill...
- Section 40:69a-88 - Powers Of Municipality Vested In Council; Exceptions
All powers of the municipality and the determination of all matters of policy shall be vested in the municipal council, except as otherwise provided...
- Section 40:69a-89 - Appointment Of Municipal Manager And Clerk And Others
The municipal council shall appoint a municipal manager and a municipal clerk. Both of such offices may be held by the same person. The...
- Section 40:69a-90 - Departments, Boards And Offices; Deputy Manager
The municipal council shall continue or create, and determine and define the powers and duties of such executive and administrative departments, boards and offices,...
- Section 40:69a-91 - Municipal Council To Act As A Body; Administrative Service To Be Performed Through Manager; Committees Or Commissions
It is the intention of this article that the municipal council shall act in all the matters as a body, and it is contrary...
- Section 40:69a-92 - Qualifications Of Municipal Manager
The municipal manager shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his...
- Section 40:69a-93 - Term Of Municipal Manager; Removal; Suspension
The municipal manager shall hold office for an indefinite term and may be removed by a majority vote of the council. At least 30...
- Section 40:69a-94 - Absence Or Disability Of Manager
The manager may designate a qualified administrative officer of the municipality to perform his duties during his temporary absence or disability. In the event...
- Section 40:69a-95 - Powers And Duties Of Manager
The municipal manager shall: (a) Be the chief executive and administrative official of the municipality; (b) Execute all laws and ordinances of the municipality;...
- Section 40:69a-96 - Budget; Preparation By Manager
The municipal budget shall be prepared by the municipal manager. During the month of November in each year, the municipal manager shall require all...
- Section 40:69a-97 - Submission Of Budget To Council
Except in those municipalities which operate on the State fiscal year pursuant to section 2 or 3 of P.L.1991, c.75 (C.40A:4-3.1 or C.40A:4-3.2), on...
- Section 40:69a-97.1 - Council-manager Plan Deadline
Notwithstanding the provisions of section 9-17 of P.L. 1950, c. 210 (C. 40:69A-97), in any local budget year for which budget dates are extended...
- Section 40:69a-98 - Laws Conferring Powers Upon Mayor Or Other Executive Head Construed As Meaning Municipal Manager
Any provision of general law conferring the appointing power or other power upon the mayor or other executive head of the municipality shall be...
- Section 40:69a-115 - Adoption By Municipalities Under 12,000; Applicable Laws
The form of government provided in this article shall be known as the "small municipality plan." It may be adopted by any municipality having...
- Section 40:69a-116 - Government By Elected Council And Mayor And Appointed Officers
Each municipality shall be governed by an elected council and a mayor and such other officers as shall be appointed pursuant to this article,...
- Section 40:69a-117 - Composition Of Council
The council shall consist of the mayor and two council members, unless pursuant to the authority granted under section 1-13 or 1-19 of article...
- Section 40:69a-117.1 - Small Municipality Plan; Members Of Council; Election At Regular Municipal Or General Election
Any municipality adopting a small municipality plan of government shall provide in its charter that the council members shall be elected by the voters...
- Section 40:69a-117.2 - First Members Of Council; Terms Of Office
Any municipality adopting a small municipality plan of government may provide in its charter that the council members elected at the first regular municipal...
- Section 40:69a-117.3 - Mayor; Election By Council Or By Voters; Charter Provision
Any municipality adopting a small municipality plan of government shall provide in its charter either: a. That the mayor shall be elected by the...
- Section 40:69a-120 - Legislative Power; Quorum; Mayor's Duties; President Of Council
The legislative power of the municipality shall be exercised by the council, except as may be otherwise provided by general law. The mayor shall...
- Section 40:69a-121 - Executive Power; Mayor's Duties
The executive power of the municipality shall be exercised by the mayor. It shall be his duty to see that all laws and ordinances...
- Section 40:69a-122 - Assessor; Tax Collector; Attorney; Clerk; Treasurer; Other Officers; Appointment
An assessor, a tax collector, an attorney, a clerk, a treasurer and such other officers as may be provided by ordinance shall be appointed...
- Section 40:69a-123 - Finance Committee And Other Committees Of Council
The mayor shall also appoint a finance committee of council which may consist of one or more council members, and may appoint and designate...
- Section 40:69a-124 - Appointment Of Officers And Employees By Mayor
All officers and employees whose appointment or election is not otherwise provided for in this article or by general law shall be appointed by...
- Section 40:69a-125 - Residence In Municipality Not Required
Appointive officers and employees need not be residents of the municipality unless council shall so require. L.1950, c. 210, p. 497, s. 13-11, eff....
- Section 40:69a-126 - Municipal Clerk
A municipal clerk shall be appointed by the mayor with the advice and consent of council. The municipal clerk shall be qualified by previous...
- Section 40:69a-127 - Duties Of Municipal Clerk
The municipal clerk shall serve as clerk of the council, perform such functions as may be required by law of municipal clerks generally, have...
- Section 40:69a-128 - Annual Budget
The mayor shall prepare the annual budget with the assistance of the treasurer and the co-operation of the other members of the council. L.1950,...
- Section 40:69a-129 - Treasurer's Duties
The treasurer shall be the chief financial officer of the municipality and shall keep and maintain books and records of all financial transactions of...
- Section 40:69a-130 - Disbursement Of Municipal Funds
No municipal funds shall be disbursed except pursuant to and within the limits of appropriations made in accordance with law. All disbursements shall be...
- Section 40:69a-131 - Tax Collector; Duties
The municipal tax collector shall receive and collect all moneys assessed or raised by taxation or assessment for any purpose. The collector shall enter...
- Section 40:69a-132 - Bond Of Treasurer And Collector
The treasurer and the collector shall each give bond, at the expense of the municipality, in accordance with general law. L.1950, c. 210, p....
- Section 40:69a-149.1 - Adoption By Voters; Applicable Laws
The form of government provided in this article shall be known as the "mayor-council-administrator plan," and shall, together with articles 2 and 17, govern...
- Section 40:69a-149.2 - Government By Elected Mayor And Council, And Appointed Municipal Administrator And Other Officers And Employees
Each municipality hereunder shall be governed by an elected mayor and council, and an appointed municipal administrator, and by such other officers and employees...
- Section 40:69a-149.3 - Council; Composition; Mayor And Councilmen; Election; Terms Of Office
The council shall consist of the mayor and six council members. The mayor and council shall be elected at the general election to be...
- Section 40:69a-149.4 - Election At Large; Terms Of Office Of First Elected
The mayor and council members shall be elected at large by the voters of the municipality. At the first election following the adoption by...
- Section 40:69a-149.5 - Council; Legislative Power; Status Of Mayor; Quorum; President; Special Meetings
The legislative power of the municipality shall be exercised by the council, except as may be otherwise provided by general law. The mayor shall...
- Section 40:69a-149.6 - Mayor; Powers And Duties
The executive power of the municipality shall be exercised by the mayor. He shall enforce the charter and ordinances of the municipality and all...
- Section 40:69a-149.7 - Ordinances; Approval By Mayor
Each ordinance adopted by the council shall be submitted to the mayor, and he shall within 10 days after receiving it either approve the...
- Section 40:69a-149.8 - Mayoral Appointments; Municipal Departments
a. The mayor shall nominate, and with the advice and consent of the council appoint, a municipal administrator, an assessor, a tax collector, an...
- Section 40:69a-149.8a - Ordinances Validated
Any ordinance heretofore adopted by a municipality governed by section 36 of P.L. 1981, c. 465 (C. 40:69A-149.1 through 40:69A-149.16) which provides for the...
- Section 40:69a-149.9 - Municipal Administrator
The municipal administrator shall administer the business affairs of the municipality and shall, as provided by ordinance, have such powers and perform such duties...
- Section 40:69a-149.10 - Officers And Employees; Appointment And Recruitment By Mayor
All officers and employees whose appointment or election is not otherwise provided for in this article or by general law shall be appointed by...
- Section 40:69a-149.11 - Clerk
The municipal clerk shall serve as clerk of the council, perform such functions as may be required by law of municipal clerks generally, and...
- Section 40:69a-149.12 - Annual Budget; Preparation
The council shall prepare the annual budget with the assistance of the municipal administrator and the treasurer. L.1981, c. 465, s. 36, eff. Jan....
- Section 40:69a-149.13 - Treasurer
The treasurer shall be the chief financial officer of the municipality and shall keep and maintain books and records of all financial transactions of...
- Section 40:69a-149.14 - Municipal Funds; Disbursement
No municipal funds shall be disbursed except pursuant to and within the limits of appropriations made in accordance with law. All disbursements shall be...
- Section 40:69a-149.15 - Tax Collector
The municipal tax collector shall receive and collect all moneys assessed or raised by taxation or assessment for any purpose. The collector shall enter...
- Section 40:69a-149.16 - Bond; Treasurer And Collector
The treasurer and the collector shall each give bond, at the expense of the municipality, in accordance with general law. L.1981, c. 465, s....
- Section 40:69a-150 - Municipal Elections; Time.
17-1. Regular municipal elections shall be held in each municipality on the second Tuesday in May, or on the day of the general election...
- Section 40:69a-152 - Terms Of Municipal Officers
Every municipal officer elected under any of the plans provided in this act shall serve for the term of office specified in the plan...
- Section 40:69a-153.1 - Dual Candidacy; Prohibition
No person shall accept nomination for more than one municipal office to be voted for at a regular municipal election to be held pursuant...
- Section 40:69a-162 - Candidates Elected In Municipalities Adopting Article 13 Or 14
In any municipality which has adopted article 13 or 14 of this act, the candidate for mayor, if there be one, who receives the...
- Section 40:69a-163 - Interest In Contracts Or Jobs Forbidden
No officer or employee elected or appointed in any municipality shall be interested directly or indirectly in any contract or job for work or...
- Section 40:69a-164 - Franks, Free Passes, Tickets Or Services; Acceptance Forbidden
No officer or employee shall accept or receive, directly or indirectly, from any person operating within the territorial limits of a municipality, any interurban...
- Section 40:69a-165 - Promise Of Office, Position, Employment Or Benefits Forbidden
No candidate for office, appointment or employment, and no officer, appointee, or employee in any municipality shall directly or indirectly give or promise any...
- Section 40:69a-167 - Failure To Appear Or Testify Before Court, Legislative Committee Or Governor
If any person hereafter elected or appointed to any office or position in a municipality governed under this act shall, after lawful notice or...
- Section 40:69a-168 - Elective Officers; Removal By Recall Petition And Vote
Any elective officer shall be subject to removal from office for cause connected with his office, after he has served at least one year,...
- Section 40:69a-169 - Recall Petition
A recall petition shall demand the removal of a designated incumbent, shall be signed by qualified voters equal in number to at least twenty-five...
- Section 40:69a-170 - Signatures To Recall Petition
The signatures to a recall petition need not all be appended to one paper but each signer shall add to his signature his place...
- Section 40:69a-171 - Notice To Officer; Recall Election; Notice Of Filing Of Petition
If the petition shall be sufficient the municipal clerk shall within two days notify the mayor, councilman or councilmen whose recall is sought thereby....
- Section 40:69a-172 - Ballots
The ballots at the recall election shall conform to the requirements respecting the election of municipal officers in the municipality, as provided in this...
- Section 40:69a-173 - Removal Of More Than One Officer
If the removal of more than one officer is sought the same provisions for submitting to the electors the question and direction hereinbefore described...
- Section 40:69a-174 - Election Of Successor; Use Of Recall Ballot
The same ballot used for submitting the question or questions of recall shall be used for the election of a successor to the incumbent...
- Section 40:69a-175 - Laws Governing Recall Elections; Selection Of Candidate For Successor Of Recalled Incumbent
The provisions of this article or of Title 19 of the Revised Statutes (Elections), whichever shall apply in the municipality in accordance with the...
- Section 40:69a-176 - Publication Of Notices Of Arrangements For Recall Elections; Conduct
The municipal clerk shall cause to be made due publication of notices of arrangements for holding all recall elections and they shall be conducted...
- Section 40:69a-177 - Results Of Election
(a) If a majority of votes in connection with the recall of any officer be in favor of the recall, the term of office...
- Section 40:69a-178 - Successor Where Incumbent Resigns Or Is Recalled
If the office of the incumbent shall become vacant either by his resignation or by the result of the recall election, his successor shall...
- Section 40:69a-179 - Meetings Of Council; Journal
The council shall by ordinance or resolution designate the time of holding regular meetings, which shall be at least monthly. The mayor may, and...
- Section 40:69a-180 - Rules Of Procedure; Quorum; Ordinances And Resolutions; Presiding Officer; Compensation
(a) Council shall determine its own rules of procedure, not inconsistent with ordinance or statute. A majority of the whole number of members of...
- Section 40:69a-181 - Adoption And Publication Of Ordinances; Effective Date
(a) Except as may otherwise be provided in this act, all ordinances shall be adopted and published in the manner required by general law;...
- Section 40:69a-182 - Recording Of Ordinances And Resolutions
The municipal clerk shall record all ordinances and resolutions adopted by council and at the close of each year, with the advice and assistance...
- Section 40:69a-183 - Rules And Regulations; Filing; Publication
No rule or regulation made by any department, officer, agency or authority of the municipality, except such as relates to the organization or internal...
- Section 40:69a-184 - Petition; Percentage Of Legal Voters Required
The voters of any municipality may propose any ordinance and may adopt or reject the same at the polls, such power being known as...
- Section 40:69a-185 - Power Of Referendum; Time For Filing Petition
The voters shall also have the power of referendum which is the power to approve or reject at the polls any ordinance submitted by...
- Section 40:69a-186 - Petition Papers; Affidavits
All petition papers circulated for the purposes of an initiative or referendum shall be uniform in size and style. Initiative petition papers shall contain...
- Section 40:69a-187 - Filing Of Petition Papers; Examination; Certification Of Result
All petition papers comprising an initiative or referendum petition shall be assembled and filed with the municipal clerk as one instrument. Within twenty days...
- Section 40:69a-188 - Amendment Of Initiative Or Referendum Petition
An initiative or referendum petition may be amended at any time within ten days after the notification of insufficiency has been served by the...
- Section 40:69a-189 - Suspension Of Ordinance
Upon the filing of a referendum petition with the municipal clerk, the ordinance shall be suspended until ten days following a finding by the...
- Section 40:69a-190 - Submission To Municipal Council
Upon a finding by the municipal clerk that any petition or amended petition filed with him in accordance with this act is sufficient, the...
- Section 40:69a-191 - Submission Of Ordinance To Voters; Withdrawal Of Petition
If within 20 days of the submission of a certified petition by the municipal clerk the council shall fail to pass an ordinance requested...
- Section 40:69a-192 - Timing Of Election At Which Submitted To Voters
17-43. a. Any ordinance to be voted on by the voters in accordance with section 17-36 or section 17-42 of this act (C.40:69A-185 or...
- Section 40:69a-193 - Number Of Proposed Ordinances Voted Upon; Time Between Special Elections
Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this article, but there shall...
- Section 40:69a-194 - Publication Of Ordinance
Whenever an ordinance is to be submitted to the voters of the municipality at any election in accordance with this article, the clerk shall...
- Section 40:69a-195 - Ballots
The ballots to be used at such election shall be in substantially the following form: "To vote upon the public question printed below, if...
- Section 40:69a-196 - Repeal, Amendment Of Ordinances.
17-47. a. If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become...
- Section 40:69a-205 - Adoption Of Schedule Of Installation Of Optional Plan.
17-56. The schedule of installation of an optional plan adopted pursuant to this act shall, as provided herein, take the following course: (a)An election...
- Section 40:69a-206 - Charters, Amendments And Supplements Superseded; Existing Ordinances And Resolutions Remain In Force Where Not Inconsistent
Upon the effective date of an optional charter adopted pursuant to this act, any other charter and its amendments and supplements theretofore applicable to...
- Section 40:69a-207 - Offices Abolished On Effective Date Of Plan; Administrative Code
17-58. a. At 12 o'clock noon on the effective date of an optional plan adopted pursuant to this act, all offices then existing in...
- Section 40:69a-207.1 - Local Industrial Commissions; Continuance Or Reestablishment
The governing body of any municipality governed by a form of government authorized by the "Optional Municipal Charter Law" may by ordinance provide for...
- Section 40:69a-208 - Appointments Between Election And Time Of Taking Office Under Optional Plan; Pending Actions And Proceedings
(a) No subordinate board, department, body, office, position or employment shall be created and no appointments shall be made to any subordinate board, department...
- Section 40:69a-208.1 - Continuance Of Charter Adopted Prior To Jan. 9, 1982 Of Municipality With Mayor-council Plan
Any municipality having adopted, prior to the effective date of this amendatory and supplementary act, a charter encompassing a mayor-council plan of government heretofore...
- Section 40:69a-208.2 - Continuance Of Charter Adopted Prior To Jan. 9, 1982 Of Municipality With Council-manager Plan
Any municipality having adopted, prior to the effective date of this amendatory and supplementary act, a charter encompassing a council-manager plan of government heretofore...
- Section 40:69a-208.3 - Continuance Of Charter Adopted Prior To Jan. 9, 1982 Of Municipality With Small Municipality Plan
Any municipality having adopted, prior to the effective date of this amendatory and supplementary act, a charter encompassing a small municipality plan of government...
- Section 40:69a-209 - Partial Invalidity
If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such...
- Section 40:69a-210 - Short Title
This act shall be known as the Optional Municipal Charter Law. L.1950, c. 210, p. 524, s. 17-61, eff. June 8, 1950.
- Section 40:70-1 - Short Title
Chapters 70 to 76 of this title (s. 40:70-1 et seq.), shall be known as the "commission form of government law" .
- Section 40:70-2 - Definition Of Terms.
40:70-2. As used in chapters 70 to 76 of this Title (R.S.40:70-1 et seq.): "General election" means the annual election held on the first...
- Section 40:70-3 - Municipalities Governed Hereby
All municipalities which shall have heretofore adopted the provisions of the act entitled "An act relating to, regulating and providing for the government of...
- Section 40:71-1 - Election; Notice
The legal voters of any municipality not governed by chapters 70 to 76 of this title (s. 40:70-1 et seq.) may adopt said chapters...
- Section 40:71-2 - Clerk To Call Election; Notice
Upon the filing of the petition or request in writing with the clerk, he shall forthwith call an election, to be held on the...
- Section 40:71-3 - Ballot; Form And Content
The municipal clerk shall provide ballots for each voter at such election, to be printed upon plain, substantial white paper, in substantially the following...
- Section 40:71-4 - Conduct Of Election; Results Certified To Clerk
The election shall be held at the usual places of holding the annual election in the municipality. The polls shall remain open during the...
- Section 40:71-5 - Clerk To Certify Results; Contents Of Certificate
The municipal clerk shall certify the results of the election to the legislative body of the municipality at its first meeting thereafter, enter the...
- Section 40:71-6 - Vote Required For Adoption
If it appears by the certificate of the clerk that both the majority of the votes cast are in favor of the adoption of...
- Section 40:71-7 - If Majority Against Adoption No Petition For Certain Period
If a majority of the votes cast are against the adoption of chapters 70 to 76 of this title (s. 40:70-1 et seq.) said...
- Section 40:71-8 - Corporate Existence And Name Continued
The corporate existence of any municipality adopting chapters 70 to 76 of this title (s. 40:70-1 et seq.), shall be continued and its corporate...
- Section 40:71-9 - Elective And Appointive Officers' Terms Cease; Boards Abolished; Exception
Upon the adoption of chapters seventy to seventy-six of this Title, and the organization of the commissioners first elected, the governing body or bodies...
- Section 40:71-9.1 - Boards Of Fire Commissioners In Townships
Notwithstanding the provisions of section 40:71-9 of the Revised Statutes, any board of fire commissioners of any fire district in any township which has...
- Section 40:71-10 - Inconsistent Laws Inapplicable; Laws Relating To Municipal Courts Unaffected
Immediately after the election and organization of the commissioners as provided herein, all laws and parts of laws then existing, whether general or special,...
- Section 40:71-11 - Educational System Unaffected
Nothing in this subtitle shall affect or apply to the system of public instruction in any municipality.
- Section 40:72-1 - Commissioners; Number
The commission shall consist of three members in municipalities having less than twelve thousand inhabitants; and of five members in municipalities having twelve thousand...
- Section 40:72-1.1 - Municipality With Board Of Three Commissioners; Additional Commissioners; Petition, Ordinance And Referendum
Any municipality, which is governed by a board of three commissioners may provide that two additional commissioners shall be elected at an election to...
- Section 40:72-1.2 - Ballot; Form And Content
The question shall be printed upon the ballots to be used at such general election in substantially the following form: "To vote upon the...
- Section 40:72-1.3 - Vote Required For Adoption; Amendment And Repeal
If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid...
- Section 40:72-2 - All Powers Vested In Board Of Commissioners
The board of commissioners established hereunder shall have all the executive, administrative, judicial and legislative powers and duties heretofore had and exercised by the...
- Section 40:72-3 - General Powers; Power To Pass Ordinances For Specific Purposes
Every municipality governed by chapters 70 to 76 of this title (s. 40:70-1 et seq.), shall have all the powers necessary for its government...
- Section 40:72-4 - Department; Distribution Of Powers
The executive, administrative, judicial and legislative powers, authority and duties in such municipality shall be distributed into and among five departments, except that in...
- Section 40:72-5 - Jurisdiction Of Commission Over Departments And Officers Thereof
The board of commissioners shall determine the powers and duties to be performed by each department and shall assign such powers and duties to...
- Section 40:72-6 - Commissioners Assigned To Departments
The board of commissioners shall, at the first regular meeting after the election of its members, designate by majority vote one commissioner to be...
- Section 40:72-6.1 - Assignment Of Departmental Powers And Duties In Counties Of First And Second Class
The board of commissioners of every municipality governed by the commission form of government in counties of the first class or second class, in...
- Section 40:72-7 - Subordinate Boards And Officers; Appointment And Removal
The board of commissioners shall at the first meeting or as soon as may be after organization, create such subordinate boards and appoint such...
- Section 40:72-9 - Appointment Of Deputy By Director In Second Class Cities And Certain Fourth Class Cities
In all cities of the second class and in any city of the fourth class having a population of not less than 6,000 inhabitants,...
- Section 40:72-10 - Mayor; Selection; No Veto Power
At the first meeting after their election the commissioners shall choose one of their number to preside at all meetings of the board. He...
- Section 40:72-11 - Mayor; Duties
The mayor shall be president of the board and shall preside at its meetings, supervise all departments and report to the board for its...
- Section 40:72-12 - Director Of Finance; When To Act As Mayor
The director of the department of revenue and finance shall be vice president of the board and, in case of vacancy in the office...
- Section 40:72-13 - Regular And Special Meetings; Open To Public; Minutes
The board of commissioners shall designate the time of holding regular meetings, which shall be at least once monthly, and special meetings may be...
- Section 40:72-14 - Quorum; Voting; Vote Recorded In Minutes
A majority of the members of the board of commissioners shall constitute a quorum and each member shall have the right to vote on...
- Section 40:72-16 - Board First Elected May Revise And Add To Appropriations
If, at the beginning of the term of office of the first board of commissioners elected in any municipality under the provisions of chapters...
- Section 40:72-18 - Use Of Fees Received From Water Rents
The fees, rents or charges received from the sale of water and the operation of the waterworks in any municipality governed hereby shall be...
- Section 40:72-19 - Power To Construct Convention Halls In Cities
In cities governed hereby the commissioners may by ordinance acquire the necessary land and authorize and provide for the construction thereon of a building...
- Section 40:73-1 - Qualifications Sole Test For Election, Appointment
All officers and employees shall be elected or appointed with reference to their qualifications and fitness, for the good of the public service and...
- Section 40:73-2 - No Officer Or Employee To Be Interested In Contracts
No officer or employee, elected or appointed in any such municipality shall be interested, directly or indirectly, in any contract or job for work...
- Section 40:73-3 - No Officer Or Employee To Receive Free Service; Exceptions
No such officer or employee shall accept or receive, directly or indirectly, from any person operating within the territorial limits of said municipality any...
- Section 40:73-4 - Certain Acts Forbidden; Penalties
For the violation of the provisions of section 40:73-2 or section 40:73-3 of this title the offender shall be punished as now or may...
- Section 40:73-5 - Appointments In Second-class Cities In Certain Years; Restriction
No subordinate board, department, body, office, position or employment shall be created and no appointments made to membership on any subordinate board, department or...
- Section 40:73-6 - Salaries Of Officers And Employees; Exceptions
The salary or compensation of all officers and employees of the municipality shall be fixed by the board of commissioners, and shall be payable...
- Section 40:73-8 - Application Of Laws Relating To Municipal Boards Of Recreation Commissioners
Provisions of law of a general character relating to municipal boards of recreation commissioners shall be applicable to municipalities governed by commission government. L.1971,...
- Section 40:73-9 - Borough Under 5000; Tax Collector Or Treasurer; Waiver Of Residency Requirements
In any borough governed under the commission form of government law and having a population of less than 5,000 inhabitants, any person holding the...
- Section 40:74-1 - Certain Ordinances And Resolutions Filed Upon Passage; Ordinance Required In Certain Cases
Except as otherwise required or permitted by law, every ordinance or resolution appropriating money, or ordering any street improvement or sewer, or authorizing the...
- Section 40:74-2 - Enacting Clause; Suits For Penalties
The enacting clause of all ordinances passed by the board of commissioners shall be "the board of commissioners of the (here insert name of...
- Section 40:74-3 - Record Of Ordinances; Commissioners To Sign Record
Every ordinance passed by the board of commissioners shall be recorded and signed in the book in which it is recorded by the commissioners...
- Section 40:74-4 - Effective Date Of Ordinances; Emergency Ordinances Excepted
No ordinance, except when otherwise required by the general laws of the State or the provisions of chapters 70 to 76 of this Title...
- Section 40:74-5 - Remonstrance Against Ordinance; Petition; Reconsideration; Referendum; Vote Required For Adoption
If within 20 days after the final passage of an ordinance, except ordinances, or any portion thereof, fixing the salaries, wages or compensation of...
- Section 40:74-6 - Petition; Law Applicable
The petition shall be in accordance with sections 40:74-10 to 40:74-14 of this title, except as to the percentage of signers, and be examined...
- Section 40:74-7 - Board May Submit Ordinances Of Own Volition; Several Questions Submitted
Any ordinance or measure, except an ordinance, or portion thereof, fixing the salaries, wages or compensation of the employees of the municipality, that the...
- Section 40:74-8 - When Submission Unnecessary
No petition or submission to the vote of the electors shall be necessary to authorize the undertaking or completion of any work, the purchase...
- Section 40:74-9 - Ordinances Proposed By Petition; Procedure
Any proposed ordinance, except a proposed ordinance fixing the salaries, wages or compensation of the employees of the municipality, may be submitted to the...
- Section 40:74-10 - Petition; Filing
A petition signed by electors equal in number to the percentage provided by R.S. 40:74-14 requesting that the proposed ordinance be submitted to the...
- Section 40:74-11 - Petition; Signatures; Verification
The signatures to the petition need not all be appended to one paper but each signer shall add after his signature his place of...
- Section 40:74-12 - Clerk To Examine Petition; Notice Of Insufficiency; Amendment And Refiling
Within 20 days after the filing of the petition, the municipal clerk shall examine the same and ascertain whether or not it is signed...
- Section 40:74-13 - Clerk To Examine Amended Petition; New Petition; Submission To Board
The clerk shall, within five days after such refiling, make a similar examination of the amended petition and if his certificate shall show the...
- Section 40:74-14 - Duty Of Board On Submission Of Ordinance; Submission To Voters; Withdrawal Of Petition
If the petition accompanying the proposed ordinance be signed by electors equal in number to at least 15% of the votes cast at the...
- Section 40:74-15 - Several Ordinances Submitted Together; Number Of Elections Limited
Any number of proposed ordinances submitted by the board or pursuant to R.S. 40:74-5 or R.S. 40:74-9 may be voted upon at the same...
- Section 40:74-16 - Notice Of Election When Ordinance Or Proposition Submitted To Voters
Whenever an ordinance, or proposition affecting an ordinance, is to be submitted to the voters of the municipality at any election, the clerk shall...
- Section 40:74-17 - Ballot; Form And Content
The ballots to be used at such election shall be in substantially the following form: "To vote upon the public question printed below, if...
- Section 40:74-18 - Ordinances; Adoption, Submission To Voters.
40:74-18. If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a...
- Section 40:74-19 - Submission Of Amendments Or Repeals To Voters By Board Of Commissioners
The board of commissioners may, within 3 years immediately following the adoption of any ordinance submitted by initiative or referendum and ratified by the...
- Section 40:75-1 - Members Of First Commission; Election And Terms
The members of the first commission shall be elected, at an election to be held on the fifth Tuesday following the adoption of chapters...
- Section 40:75-2 - Subsequent Commissioner; Election And Terms.
40:75-2. On the second Tuesday in May in every fourth year thereafter there shall be elected at a regular municipal election held pursuant to...
- Section 40:75-2.1 - Change Of Form Of Government--continuation Of Commissioners And Others In Office
Whenever in any municipality governed under "The Commission Form of Government Law" the qualified voters of the municipality have, or shall have, adopted another...
- Section 40:75-25 - Definitions
As used in this article: "Commissioner" means any person, including the mayor, occupying the office of commissioner in a municipality having the commission form...
- Section 40:75-26 - Construction Of Article
The provisions of this article shall be liberally construed, and are not to be taken in derogation of the rights of any person holding...
- Section 40:75-27 - Recall Procedure
Any commissioner may be removed by means of a recall after he has been in office one year. The procedure to effect the recall...
- Section 40:75-28 - Clerk To Examine Petition; Amendment And Refiling
The clerk shall examine the recall petition to ascertain whether or not it conforms to the requirements of this article. He shall complete this...
- Section 40:75-29 - Clerk To Call Election; Notice Of Election
If the clerk shall determine that the petition conforms to the requirements of this article he shall proceed to call an election for the...
- Section 40:75-30 - Notice Of Election Served On Commissioners; Publication
A copy of the above certificate shall be served on the commissioner to be recalled and also upon the other commissioners of such municipality...
- Section 40:75-31 - Time For Holding Recall Election; Arrangements; Expenses
The clerk shall fix a day for holding the recall election which, if convenient, shall be a Tuesday falling between the thirtieth and fortieth...
- Section 40:75-32 - Petition Nominating Successor; Form And Content; Filing
Nominations for successors to the commissioner proposed to be recalled shall be by petition for nomination signed by at least fifteen per cent of...
- Section 40:75-33 - Clerk To Examine Petition; If Defective Clerk To Return Petition
If the clerk shall believe the petition for nomination to be defective in any particular, he shall return the same to the person accepting...
- Section 40:75-34 - Procedure Where Incumbent Resigns; Where Incumbent Contests Recall; Incumbent's Petition
If the incumbent shall resign within three days after the certificate of notice shall have been served upon him, these proceedings shall be modified...
- Section 40:75-35 - Clerk To Examine Incumbent's Petition; Amendment And Refiling
If the clerk shall believe the incumbent's petition to be defective in any particular, he shall return it to the incumbent with his reasons...
- Section 40:75-36 - Failure To File Incumbent's Petition Deemed Resignation
If the incumbent shall fail to file an incumbent's petition within the time limited herein, he shall be deemed to have resigned, his office...
- Section 40:75-37 - Several Recall Petitions May Be Consolidated
If more than one recall petition shall be filed with the clerk at or about the same time, so that more than one election...
- Section 40:75-38 - Ballot; Form And Content
The ballot to be used in the recall election shall be in substantially the following form: "Number ........ official ballot for recall election. ............................Ward....
- Section 40:75-39 - Adding Names To Registry List; No Primary Election
40:75-39. A judge of the Superior Court shall sit in a public place in the municipality where the recall election is to be held...
- Section 40:75-40 - Conduct Of Election; Duties Of Clerk And Election Officers
The clerk shall provide the boards of election with the necessary registry and other books, ballots and tally sheets necessary to carry out the...
- Section 40:75-41 - Conduct Of Election; Laws Applicable
The recall election shall be conducted and returned in the same manner as general elections and, except as otherwise provided in this article, the...
- Section 40:75-42 - Result Of Election Determined; Vote Required
If a majority of the electors voting at the recall election shall vote to recall the incumbent as evidenced by marking a cross (...
- Section 40:75-43 - Successor To Incumbent; Eligibility, Election, Powers And Duties
If the office of the incumbent shall become vacant either by his resignation, failure to file an incumbent's petition, or by the result of...
- Section 40:75-44 - Clerk To Present Objections To Superior Court Judge
Whenever the municipal clerk shall believe any petition for recall, petition for nomination, incumbent's petition, or other petition, to be defective, he shall, before...
- Section 40:75-45 - Superior Court Assignment Judge To Sit On Election Day; Action To Insure Fair Election
In order to more fully carry out the spirit of this article and to prevent the failure of the recall election by reason of...
- Section 40:75-46 - Election Not To Be Restrained Or Delayed; Effect Of Writs
In order to prevent an incumbent or any other person acting either directly or indirectly in his behalf, from delaying or obstructing the recall...
- Section 40:75-47 - Petitions Need Not Be On Single Paper; Minor Defects Immaterial
No petition required by this article need be upon a single paper, but any such petition may be upon any number of separate papers,...
- Section 40:75-48 - Reorganization Of Board After Recall
After the incumbent has been recalled and the nominee has succeeded him in the office of commissioner, the board may reorganize and reassign the...
- Section 40:75-49 - Certain Acts Prohibited; Penalties.
40:75-49. Any person not an elector who shall willfully and knowingly sign any petition provided for in this article and any person advising, aiding...
- Section 40:76-1 - After Six Years May Resume Charter
Any municipality which shall have operated for more than six years under the provisions of the act entitled "An act relating to, regulating and...
- Section 40:76-2 - Petition For Submission; Proposition Stated
A petition in writing, signed by not less than twenty-five per cent of the electors of the municipality, shall be filed by the agent...
- Section 40:76-3 - Petition; Form And Content
The petition shall be in substantially the following form: "To the clerk of ........................... (insert name of municipality). You are hereby requested to call...
- Section 40:76-4 - Petition Need Not Be On Single Paper; Affidavit Annexed
The petition need not be on a single paper, but may be on any number of separate sheets of paper, for the purpose of...
- Section 40:76-5 - Clerk To Examine Petition; Minor Deviations Permissible
The municipal clerk shall examine the petition, within ten days of the date of its being filed with him, to ascertain whether or not...
- Section 40:76-6 - Defective Petitions; Clerk To Notify Agent
If he shall determine that the petition does not conform to the requirements of this chapter, then within ten days from the date of...
- Section 40:76-7 - Determination Of Validity Of Clerk's Objections
The agent who filed the petition may, however, within ten days after service upon him of the municipal clerk's objections as provided in section...
- Section 40:76-8 - If Petitioners Prevail Clerk To Call Election
The judge of the Superior Court shall hear and determine, in a summary manner, the question as to the legality of the clerk's objections,...
- Section 40:76-9 - If Clerk Prevails Petition Returned To Agent
If the judge shall determine that the petition, as filed with the clerk, does not conform to the provisions of this chapter, he shall...
- Section 40:76-10 - Petition Amended; Refiling
The agent to whom the petition has been returned, as provided in section 40:76-9 of this title may cause the petition to be amended...
- Section 40:76-11 - Clerk To Examine Amended Petition; Procedure Same As With Original
The municipal clerk shall make a similar examination of the amended or supplemented petition, as is provided for in section 40:76-5 of this Title...
- Section 40:76-12 - When Petition Finally Accepted Clerk To Call Election; Procedure
When it has been determined, by either the municipal clerk or a judge of the Superior Court, that the petition conforms to the provisions...
- Section 40:76-13 - Clerk To Fix Date For Election; How Fixed
The clerk shall fix a day for holding the special election, which shall be a Tuesday not more than thirty nor less than twenty...
- Section 40:76-14 - Election Not To Be Held In Year Of Regular Election
No special election for the submission of the proposition of the abandonment of the commission form of government to the voters of any municipality,...
- Section 40:76-15 - Notice Of Election; Form And Content
The municipal clerk shall forthwith prepare a certificate of notice in the following form: "This is to certify that a petition has been filed...
- Section 40:76-16 - Copy Of Notice Filed With Board Of Commissioners
A copy of the certificate of notice shall be filed with the board of commissioners of the municipality at its first meeting following the...
- Section 40:76-17 - Copies Of Notice Posted And Published
Copies of the certificate of notice shall be posted at least ten days prior to the election in at least twenty different conspicuous public...
- Section 40:76-18 - Arrangements For Election; Expenses
The municipal clerk and the board of commissioners shall make or cause to be made all arrangements for holding the special election, and shall...
- Section 40:76-19 - Time And Place Of Election; Conduct Of Election
The special election shall be held at the usual place or places of holding the annual election in the municipality if the same be...
- Section 40:76-20 - Addition Of Names To Registry Books; County Board To Sit
The county board of election shall sit in some public place in the municipality where the special election is to be held, on at...
- Section 40:76-21 - Ballot; Number, Form And Content
The municipal clerk shall provide ballots for each voter at such special election, to be printed on plain, substantial, white paper. The number of...
- Section 40:76-22 - Results Canvassed And Certified; Contents Of Certificate
The election officers shall report to the municipal clerk, immediately after completing the count of the ballots, a true and correct statement in writing...
- Section 40:76-23 - Vote Required For Adoption; Effect Of Adoption; Exceptions
If the certificate of the municipal clerk shows that both the majority of the votes cast are in favor of the proposition and that...
- Section 40:76-24 - Application And Operation Of Certain Laws Not Affected
Nothing in this chapter shall be construed to affect the application of chapter eight of Title 2A of the New Jersey Statutes, nor shall...
- Section 40:76-25 - Educational System Unaffected
The system of public education in any municipality which may take advantage of this chapter shall not be affected thereby.
- Section 40:76-26 - Proposition Not Adopted, Resubmission To Voters.
40:76-26. If a majority of the votes cast at the special election are against the proposition submitted, no other petition for the submission, to...
- Section 40:76-27 - Certain Acts Prohibited; Penalties
Any person not an elector who shall willfully and knowingly sign any petition provided for in this chapter, and any person who shall willfully...
- Section 40:78-1 - Villages Coextensive With Township; Certain Township Offices Abolished
In any township where there exists a village operating under the commission form of government, the boundaries or territorial limits of which are coextensive...
- Section 40:78-2 - Clerk To Turn Over Records; Village Clerk To Act
The clerk of such township shall forthwith turn over to the clerk of such village, all books, papers, vouchers and assets of the township...
- Section 40:78-3 - Village Assessor Succeeds Township Assessor
The governing body of the village may appoint a village assessor who shall have all the powers and duties conferred upon or required of...
- Section 40:78-4 - Village Collector To Succeed Township Collector
The governing body of the village may appoint a collector for the village who shall have all the powers, duties, privileges and liabilities by...
- Section 40:78-5 - Salaries Of Assessor And Collector
The governing body of the village may by ordinance fix the salaries of the village assessor and village collector, which shall not be increased...
- Section 40:79-1 - Short Title
This subtitle shall be known as "the municipal manager form of government law" .
- Section 40:79-2 - Definition Of Terms
As used in this subtitle: "Municipality" means any city, town, village, borough, township or any municipality governed by boards of commissioners or improvement commissions...
- Section 40:79-3 - Municipalities Governed By This Subtitle; Exception
All municipalities which shall have heretofore adopted the provisions of the act entitled "An act relating to, regulating and providing for the government of...
- Section 40:79-4 - Additional Powers
Every municipality governed by this subtitle shall exercise, in addition to the powers enumerated herein, all powers delegated to such municipality by any other...
- Section 40:79-5 - Other Laws Applicable
It is the intention of this subtitle that the provisions of subtitle 3 of this title (s. 40:42-1 et seq.), shall be applicable whenever...
- Section 40:79-6 - Liberal Construction
In the construction of any portion of this subtitle whose meaning or application is in dispute, it is intended that its phraseology shall be...
- Section 40:80-1 - Special Election; Petition
The legal voters of any municipality may adopt this subtitle at a special election to be held in such municipality, to be called by...
- Section 40:80-2 - Clerk To Call Election; Notice
Upon the filing of such petition or request in writing with the municipal clerk, he shall forthwith call an election, to be held on...
- Section 40:80-3 - Ballot; Number, Form And Content
The municipal clerk shall provide double the number of ballots as there were voters registered for the last preceding general election in such municipality,...
- Section 40:80-4 - Place Of Holding Election
The election shall be held at the usual place or places for holding the general election, if the same is practicable. If not practicable,...
- Section 40:80-5 - Election Agents; Designated By Petition
Two agents for each election district may be designated by a petition signed by legal voters of the municipality equal in number to at...
- Section 40:80-6 - Time Polls To Be Open; Election Officers; Report
The polls shall remain open from seven o'clock in the forenoon until nine o'clock at night, and the election shall be conducted by the...
- Section 40:80-7 - Clerk To Certify Result
The municipal clerk, within five days after the election, shall certify the results thereof to each member of the governing body of such municipality,...
- Section 40:80-8 - Vote Required For Adoption
If it appears that both the majority of the votes cast are for the adoption of this subtitle, and that the number of votes...
- Section 40:80-9 - If Majority Against Adoption No Petition For Two Years
If a majority of the votes cast are against the adoption of this subtitle no other petition for its adoption shall be filed in...
- Section 40:80-10 - Corporate Existence And Name Continued
The corporate existence of any municipality, adopting this subtitle shall be continued and its corporate name and seal shall not be changed by such...
- Section 40:80-11 - Elective And Appointive Officers' Terms Cease; Exceptions
Upon the adoption of this subtitle and upon the organization of the municipal council elected hereunder the governing body or bodies and all other...
- Section 40:80-12 - Inconsistent Laws Inapplicable; Law Relating To Municipal Courts Unaffected
No law, general or special, or any provision thereof, affecting the government of any municipality governed by this subtitle and contrary to or inconsistent...
- Section 40:80-13 - Educational System Unaffected
The system of public education in any municipality adopting this subtitle shall not be affected thereby.
- Section 40:80-14 - Sinking Fund Commissions Unaffected
Nothing in this subtitle shall impair the operation of chapter 3 of this title (s. 40:3-1 et seq.).
- Section 40:80-15 - No Proceedings To Adopt Other Government Within Four Years
No municipality governed by the municipal manager form of government shall, within four years after the adoption thereof, take proceedings for the adoption of...
- Section 40:81-1 - Members; Number; Increase Or Decrease By Initiative And Referendum.
40:81-1. The municipal council shall consist of three, five, seven or nine members as authorized on the effective date of this 1981 amendatory act....
- Section 40:81-3 - Members Elected At Large
The members of the municipal council shall be elected at large in the municipality by the voters at municipal elections held therein at the...
- Section 40:81-4 - Members Of First Council; Election And Terms
The members of the first municipal council shall be elected at the municipal election held on the fourth Tuesday after the adoption of this...
- Section 40:81-5 - Time Of Annual Election; Terms.
40:81-5. Except as otherwise provided by referendum of the voters, on the second Tuesday of May of the fourth year following such first election...
- Section 40:81-5.1 - Staggered Terms For Municipal Council Members Under Municipal Manager Form Of Government.
4.Where the members of the municipal council in any municipality adopting the municipal manager form of government have 4-year terms of office pursuant to...
- Section 40:81-6 - Councilmen; Removal From Office
A member of the municipal council after having been in office for at least 2 years may be removed from office by a recall...
- Section 40:81-7 - Organization; Mayor Chosen
Four weeks after their election in the case of the first municipal council elected, and on July 1 following all subsequent municipal elections, the...
- Section 40:81-8 - Mayor; Powers And Duties
The mayor shall preside at all meetings of the municipal council and shall have a voice and vote in its proceedings, but shall not...
- Section 40:81-9 - Council To Be Governing Body
The municipal council shall be the governing body of the municipality and except as herein otherwise provided, shall have and possess all administrative, judicial...
- Section 40:81-10 - Council May Create And Abolish Boards And Departments
The municipal council shall continue or create, and determine and define the powers and duties of such executive and administrative departments, boards and offices,...
- Section 40:81-11 - Appointment Of Municipal Manager And Other Officers; Qualifications Of Attorney; Terms Of Office
The municipal council shall appoint a municipal manager, an assessor, an auditor, a treasurer, a clerk, and an attorney. One person may be appointed...
- Section 40:81-11a - Offices Of Tax Collector And Treasurer Held By Same Persons; Residence
Notwithstanding any other provisions of law to the contrary, any municipality governed by this subtitle may by ordinance provide that any person who is...
- Section 40:81-11.1 - Appointments To Water Commission By Municipal Council
In any municipality operating under the municipal manager form of government law which has established or shall establish jointly with one or more other...
- Section 40:81-11.2 - Termination Of Present Members' Term Of Office For Failure To Be Appointed As Provided By This Act; Vacancy
The term of office of any present member of any such water commission representing a municipality operating under the municipal manager form of government...
- Section 40:81-13 - Advisory Boards
The municipal council may appoint advisory boards with power only to make investigations and recommendations. The members of such boards shall serve without compensation.
- Section 40:81-14 - Control Of Funds; Disbursements
The municipal council, subject to the laws of this state, may prescribe rules and regulations under which the funds of the municipality shall be...
- Section 40:81-15 - Examination Of Accounts
The municipal council shall cause a full and complete examination of all the books and accounts of the municipality to be made by competent...
- Section 40:81-16 - Council To Act As Body; Investigating Committees
It is the intention of this subtitle that the municipal council shall act in all matters as a body, and it is against the...
- Section 40:81-17 - Certain Persons Ineligible For Appointments
No member of the municipal council who shall have been recalled as hereinafter provided, or who shall have resigned from office while recall proceedings...
- Section 40:81-19 - Regular And Special Meetings; Open To Public; Minutes
The municipal council shall designate the time of holding regular meetings, which shall be at least twice a month, and special meetings may be...
- Section 40:81-20 - Quorum; Procedure At Meetings
A majority of all the members of the municipal council shall constitute a quorum and the affirmative vote of a majority of all the...
- Section 40:81-21 - Emergency Ordinances
No ordinance passed by the municipal council shall go into effect before ten days from the time of its final passage, except when otherwise...
- Section 40:82-1 - Municipal Manager; Appointment; Salary
The municipal council shall as soon as possible after its organization appoint, by a vote of a majority of all its members, a municipal...
- Section 40:82-2 - Qualifications
The municipal manager shall be a person, other than a member of the municipal council, fully qualified to exercise the powers and perform the...
- Section 40:82-3 - Term Of Office; Removal
a. The municipal manager shall hold office as long as he shall perform the duties of his office to the satisfaction of the municipal...
- Section 40:82-4 - Duties Of Municipal Manager
The municipal manager shall: a. Be the chief executive and administrative official of the municipality; b. Compile and submit to the municipal council the...
- Section 40:82-5 - Power Of Appointment
In any act or ordinance a provision conferring the power of appointment or other power upon the mayor or other executive head of the...
- Section 40:82-6 - Council To Appoint Person To Act During Manager's Absence
During the absence or disability of the municipal manager a properly qualified person shall be appointed by the municipal council to exercise the powers...
- Section 40:83-1 - Selection Of Officers And Employees
All officers and employees in any municipality governed by this subtitle shall be selected with reference to their qualifications and fitness for the public...
- Section 40:83-2 - No Officer Or Employee To Be Interested In Contracts
No officer or employee elected or appointed in any such municipality shall be interested directly or indirectly in any contract or job for work...
- Section 40:83-3 - No Officer Or Employee To Receive Free Service; Exceptions
No officer or employee shall accept or receive, directly or indirectly, from any person operating within the territorial limits of said municipality, any interurban...
- Section 40:83-4 - Unlawful Methods For Securing Political Support
No candidate for office, appointment or employment, and no officer, appointee, or employee in any such municipality shall directly or indirectly give or promise...
- Section 40:83-5 - Certain Acts Misdemeanors
Any person who shall violate any provision of sections 40:83-2, 40:83-3 or 40:83-4 of this title shall be guilty of a misdemeanor.
- Section 40:83-6 - Tenure Of Veterans In Office Of City Engineer
1. Any person being an honorably discharged soldier, sailor or marine, who served in the Army, Navy or Marine Corps of the United States...
- Section 40:83-7 - Complaint For Removal; Hearing
Upon the filing of such complaint, a certified copy thereof shall be served upon such person at least five days before the hearing and...
- Section 40:84-2 - First Election; When Held.
40:84-2. The first municipal election for councilmen shall be held on the fourth Tuesday after the adoption of this subtitle and thereafter an election...
- Section 40:84-2.1 - Adoption Of Other Form Of Government By Municipality With Manager Form Of Government
Whenever in any municipality governed under "The Municipal Manager Form of Government Law" the qualified voters of the municipality have, or shall have, adopted...
- Section 40:84-6.1 - Order Of Names Of Candidates On Ballot; Draw Of Lots To Determine
The municipal clerk shall draw lots to determine the order in which the names of the candidates shall appear upon the ballots. The name...
- Section 40:84-9 - Councilmen May Be Elected For Terms Of Three Years In Certain Cases
Whenever in any municipality in which the terms of office of the members of the municipal council by whatsoever name the council and its...
- Section 40:84-10 - Terms Of Councilmen First Elected
The number of votes received by each candidate elected in such first election shall determine the length of his term, the successful candidate or...
- Section 40:84-11 - Elections; When Held; Term Of Office.
40:84-11. In cases provided for in this article the municipal election to be held in accordance with the "Uniform Nonpartisan Elections Law," P.L. 1981,...
- Section 40:84-12 - Recall Of Councilmen; Petition
The procedure to effect the removal of councilmen in addition to other methods provided by law shall be as follows: A petition signed by...
- Section 40:84-13 - Notice Of Recall Served; Order For Recall Election
If the petition shall be sufficient the municipal clerk shall notify the councilman or councilmen whose recall is sought thereby within two days. If...
- Section 40:84-14 - Ballot; Form And Content
The ballots at the recall election shall conform to the requirements of this subtitle respecting the election for councilmen at the municipal election, except...
- Section 40:84-15 - Removal Of More Than One Councilman
If the removal of more than one councilman is sought the same provisions for submitting to the electors the question and direction hereinbefore described...
- Section 40:84-16 - Ballot For Election Of Successor Of Recalled Councilman
The same ballot used for submitting the question or questions of recall shall be used for the election of successors to the councilman or...
- Section 40:84-17 - Notice Of Recall Election
The municipal clerk shall cause to be made due publication of notice of arrangements for holding all recall elections and they shall be conducted...
- Section 40:84-18 - Vote Required For Recall
If a majority of votes in connection with the recall of any councilman be in favor of the recall the term of office of...
- Section 40:84-19 - Councilmen To Continue In Office If Recall Lost
If the results of such recall election shall by the certificate of the municipal clerk, be shown to be against the recall of the...
- Section 40:85-1 - After Four Years May Abandon This Form Of Government; Procedure
Any municipality which shall have operated for more than four years under the provisions of the act entitled "An act relating to, regulating and...
- Section 40:85-2 - Petition For Submission; Proposition Stated
A petition in writing signed by not less than twenty per cent of the electors appearing on the registry list at the previous general...
- Section 40:85-3 - Petition; Form And Content
The petition shall be in substantially the following form: "To the municipal clerk of (name of municipality): "You are hereby requested to lay before...
- Section 40:85-4 - Petition; Affidavit Annexed
The petition shall have annexed thereto the following form of affidavit: State of New Jersey, ) ss. County of ............ ) ...................... , being...
- Section 40:85-5 - Petition Need Not Be On Single Paper; Affidavit Annexed
The petition need not be on a single sheet of paper but may be on any number of separate sheets of paper, for the...
- Section 40:85-6 - Minor Deviations Permissible
No petition shall be rejected by the municipal clerk for any typographical deviation of the form provided herein or for any minor departure therefrom,...
- Section 40:85-7 - Clerk To Examine Petitions; Amendments
The municipal clerk shall examine the petition and within ten days of the date of its being filed with him, shall certify the same...
- Section 40:85-8 - Municipal Council To Pass Resolution To Place Question On Ballot
The municipal council, upon receiving the petition shall, within five days, pass a resolution and forward it to the county clerk, requesting that the...
- Section 40:85-9 - County Clerk To Place Question On Ballot
The county clerk, upon receiving such request, shall place the question upon the general election ballot for such municipality at the next general election....
- Section 40:85-10 - Vote Required For Adoption; Effect Of Adoption; Certain Officers Unaffected
If the majority of the votes cast shall be in favor of the question, then the same shall be certified to by the county...
- Section 40:85-11 - Nomination, Election Of Officers For New Government.
40:85-11. At the primary election for the general election held in such municipality after the general election at which such question shall be adopted,...
- Section 40:85-12 - If Rejected No Petition For Two Years
If a majority of the votes cast at the election are against resuming the former government as provided in section 40:85-1 of this title...
- Section 40:103-5(71) - Incorporation; Corporate Name
Any city of the State that has adopted the provisions of this act prior to the effective date of this act shall thereby be...
- Section 40:103-5(97) - Establishment, Abolition, Merger Of Commissions
a. The city council by resolution may, and upon the filing with the city clerk of a written petition signed by 100 residents of...
- Section 40:108-1 - Referendum Act; Mayor And Council; Wards; Councilmen At Large; Boards And Officers; Improvements; Beach Protection; Public Utility Plants
L.1897, c. 30, p. 46 (C.S. pp. 1297 to 1336, s.s. 2440 to 2564), entitled "An act relating to and providing for the government...
- Section 40:109-3 - Referendum Act; Mayor And Council; Boards And Officers; Public Utility Plants And Improvements; Ordinances And Finance
L.1899, c. 52, p. 96 (C.S. pp. 1336 to 1367, s.s. 2565 to 2653), entitled "An act relating to and providing for the government...
- Section 40:141-1 - Waterworks; Water For Fire And Other Purposes
L.1884, c. 31, p. 44 (C.S. pp. 5476 to 5485, s.s. 191 to 204, 209, 210, 212 to 217), entitled "An act to enable...
- Section 40:141-1(1) - Board Of Water Commissioners
a. Any incorporated town in this State which has adopted the provisions of this act and its supplements prior to the effective date of...
- Section 40:151-41 - Records Of Creation Of Fire District Lost Or Destroyed; Existence Recognized
L.1930, c. 96, p. 339, entitled "An act prescribing the method of proof of the creation of a fire district where the record of...
- Section 40:151-48 - Fire Districts Created By Legislature; Assets And Debts Of Old District Distributed
Whenever any fire district shall have been created by any act of the legislature defining the territory to be comprised in said fire district...
- Section 40:151-49 - Joint Committee To Divide Property; Appointment
Whenever such fire district shall have been created from another fire district as provided in section 40:151-48 of this title after the first election...
- Section 40:151-50 - Joint Meeting; Property And Indebtedness Apportioned
Whenever a joint committee is created as provided by section 40:151-49 of this title, the governing body of the township in which such district...
- Section 40:151-51 - Quorum; Procedure; Clerk Appointed
In effecting such division a decision of the majority of those present of the committee of the newly created fire district, concurred in by...
- Section 40:151-52 - Powers; Examine Witnesses; Subpoenas
Such joint committee shall have power to issue subpoenas, compel the attendance of any of the officers of the fire districts affected, compel the...
- Section 40:151-53 - Commissioners Appointed Where No Agreement Reached
40:151-53. If the joint committee herein provided for should be unable to agree upon a division of the assets or debts of said fire...
- Section 40:151-54 - Bonds To Pay Water Bills In Arrears Prior To 1935
L.1935, c. 135, p. 347 entitled "An act concerning the payment of past due water service charges of fire districts in townships of this...
- Section 40:160-2 - Villages Separated From Townships; Autonomy Of Local Government
L.1904, c. 153, p. 287 (C.S. pp. 5757, 5758, s.s. 104 to 108), entitled "An act concerning villages which have been or shall become...
- Section 40:160-3 - Elections In Villages Set Off From Townships
L.1882, c. 121, p. 158 (C.S. p. 5753, s.s. 78 to 84), entitled "An act concerning elections in villages," approved March twenty-second, one thousand...
Last modified: October 11, 2016