Title 40A, Title 40A: MUNICIPALITIES AND COUNTIES

40A:12A-48 Waiving of course requirements 48. The commissioner may waive the course requirements set forth in sections 46 and 47 of P.L.1992, c.79 (C.40A:12A-46 and 40A:12A-47) for any person whom the commissioner determines to be qualified to serve as a member or executive direc…

40A:12A-49. Rules, regulations 49. The Commissioner of Community Affairs shall promulgate rules and regulations to effectuate the provisions of this act. The Local Finance Board shall adopt rules and regulations to effectuate the fiscal and financial controls set forth in the act…

40A:12A-5 Determination of need for redevelopment. 5. A delineated area may be determined to be in need of redevelopment if, after investigation, notice and hearing as provided in section 6 of P.L.1992, c.79 (C.40A:12A-6), the governing body of the municipality by resolution conc…

40A:12A-50. Findings, declarations relative to landfill reclamation improvement districts 1. a. The Legislature finds and declares that it is a public purpose and compelling State interest and is consistent with Article VIII, Section 3, paragraph 1 of the Constitution of this Sta…

40A:12A-50a. "Large Site Landfill Reclamation and Improvement Law" 1. P.L.1995, c.173 (C.40A:12A-50 et seq.) as amended and supplemented shall be known and may be cited as the "Large Site Landfill Reclamation and Improvement Law." L.1996,c.73,s.1.

40A:12A-51. Definitions used in C.40A:12A-50 et seq. 2. As used in P.L.1995, c.173 (C.40A:12A-50 et seq.) and this amendatory and supplementary act, P.L.1996, c.73 (C.40A:12A-50a et al.): "Authority" means the New Jersey Economic Development Authority established pursuant to P.L.…

40A:12A-52. Creation of landfill reclamation improvement districts permitted 3. A municipality in which there is a tract of land of at least 150 acres in size which may consist of one or more tax lots, of which not less than 100 acres were formerly or are presently used as a land…

40A:12A-53. Adoption of ordinance to levy, collect franchise assessment; purposes 4. a. A municipality that has created a district pursuant to section 3 of P.L.1995, c.173 (C.40A:12A-52), in which there is an area designated as an urban enterprise zone in which the receipts of ce…

40A:12A-53.1. Powers of municipality adopting franchise assessment ordinance 6. For the purposes of the effective administration of the franchise assessment, a municipality adopting a franchise assessment ordinance shall have the power to: a. Collect the franchise assessment, int…

40A:12A-54. Appropriation of franchise assessments; apportionment of retained amount 5. Any portion of the aggregate franchise assessment collected annually by the municipality which is not appropriated or expended by the municipality for purposes of the district as such purposes…

40A:12A-56 Provision for tax abatement, payments in lieu of taxes; special assessments. 8. a. A municipality that has created a landfill reclamation improvement district pursuant to section 3 of P.L.1995, c.173 (C.40A:12A-52) may provide for tax abatement within that district and…

40A:12A-57. Application for issuance of negotiable bonds, obligations secured by payments in lieu of taxes, special assessments 9. a. The municipality may, by resolution of the governing body, authorize the municipality to apply to the authority for the authority to issue negotia…

40A:12A-58. Payments in lieu of taxes continuous lien; recording of ordinance; termination of lien 10. a. Payments required to be made in accordance with an agreement for payments in lieu of taxes entered into under section 8 of this amendatory and supplementary act, P.L.1996, c.…

40A:12A-59. Payment in lieu of taxes may be secured by mortgage 11. In lieu of the provisions of section 10 of P.L.1996, c.73 (C.40A:12A-58), the municipality may provide in the agreement that the payment in lieu of taxes, if any, is to be secured by a mortgage. In that event the…

40A:12A-6 Investigation for determination as redevelopment area, public hearing, notice. 6. a. No area of a municipality shall be determined a redevelopment area unless the governing body of the municipality shall, by resolution, authorize the planning board to undertake a prelim…

40A:12A-60. Bonds exempt from taxation; exceptions 12. All bonds issued pursuant to this act are hereby declared to be issued by a political subdivision of this State and for an essential public and governmental purpose and the bonds, and the interest thereon and the income there…

40A:12A-61. Pledge, covenant, agreement with bond holders 13. The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds issued pursuant to this act that the State will not limit or alter the terms of any agreement, ordinance or resolution …

40A:12A-62. Severability 14. If any section, subsection, clause or provision of this act shall be adjudged to be unconstitutional or ineffective in whole or in part, to the extent that it is not adjudged unconstitutional or is not ineffective, it shall be valid and effective and …

40A:12A-63. Bonds, notes, obligations presumed fully authorized, issued 15. After issuance, pursuant to this act, all bonds, notes or other obligations shall be conclusively presumed to be fully authorized and issued by all courts and officers of this State, and any person shall …

40A:12A-64. Short title 1. Sections 1 through 10 of P.L.2001, c.310 (C.40A:12A-64 et seq.) shall be known and may be cited as the "Redevelopment Area Bond Financing Law." L.2001,c.310,s.1.

40A:12A-65 Definitions relative to the "Redevelopment Area Bond Financing Law." 2. As used in sections 1 through 10 of P.L.2001, c.310 (C.40A:12A-64 et seq.): "Authority" means the New Jersey Economic Development Authority established pursuant to P.L.1974, c.80 (C.34:1B-1 et seq.…

40A:12A-66 Tax abatement, payment in lieu of taxes within redevelopment area; special assessments. 3. a. A municipality that has designated a redevelopment area or a municipality in which a redevelopment project is undertaken by a State entity redeveloper pursuant to a State enti…

40A:12A-67 Issuance of bonds by municipality. 4. a. The municipality may issue bonds itself in the manner provided for herein or pursuant to the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et seq.) or may apply to an authority to issue bonds, regardless of …

40A:12A-68 Payments in lieu of taxes constitute lien. 5. a. Payments required to be made in accordance with an agreement for payments in lieu of taxes entered into under section 3 of P.L.2001, c.310 (C.40A:12A-66) shall be a continuous lien on the land or improvements thereon, or…

40A:12A-69. Payment secured by mortgage 6. In lieu of, or in addition to, the provisions of section 5 of P.L.2001, c.310 (C.40A:12A-68), the municipality may provide in the agreement that the payment in lieu of taxes, if any, is to be secured by a mortgage. In that event the mort…

40A:12A-7 Adoption of redevelopment plan. 7. a. No redevelopment project shall be undertaken or carried out except in accordance with a redevelopment plan adopted by ordinance of the municipal governing body, upon its finding that the specifically delineated project area is locat…

40A:12A-70. Bonds exempt from taxation 7. All bonds issued pursuant to the "Redevelopment Area Bond Financing Law," P.L.2001, c.310 (C.40A:12A-64 et seq.) are hereby declared to be issued by a political subdivision of this State and for an essential public and governmental purpos…

40A:12A-71. Covenant, agreement with bondholders 8. The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds issued pursuant to the "Redevelopment Area Bond Financing Law,"P.L.2001, c.310 (C.40A:12A-64 et seq.) that the State will not lim…

40A:12A-72. Severability 9. If any section, subsection, clause or provision of the "Redevelopment Area Bond Financing Law," P.L.2001, c.310 (C.40A:12A-64 et seq.) shall be adjudged to be unconstitutional or ineffective in whole or in part, to the extent that it is not adjudged un…

40A:12A-73 Bond resolution, ordinance, filing for public inspection. 10. An authority or municipality, as applicable, shall cause a copy of any bond resolution or bond ordinance, as applicable, adopted by it to be filed for public inspection in the office of the municipal clerk o…

40A:12A-74 Short title. 1. Sections 1 through 16 of P.L.2019, c.159 (C.40A:12A-74 et seq.) shall be known and may be cited as the "New Jersey Land Bank Law." L.2019, c.159, s.1.

40A:12A-75 Findings, declarations relative to municipal land banking and online mapping. 2. The Legislature finds and declares that: a. Difficult economic conditions coupled with the continued high rate of foreclosures have significantly increased the number of vacant, abandoned,…

40A:12A-76 Definitions relative to municipal land banking and online mapping. 3. As used in sections 3 through 16 of P.L.2019, c.159 (C.40A:12A-76 through C.40A:12A-89): "Land bank entity" means a public land bank entity or a non-profit land bank entity. "Land bank property" mean…

40A:12A-77 Agreement with redevelopment entity. 4. a. A municipality may enter into a land banking agreement with a redevelopment entity, and designate the redevelopment entity as its land bank entity. b. A municipality may enter into a land banking agreement with a non-profit en…

40A:12A-78 Responsibilities of land bank entity. 5. a. A land banking agreement shall establish the responsibilities of the land bank entity and shall specify the terms and conditions under which the land bank entity may acquire property on behalf of the municipality, demolish an…

40A:12A-79 Land bank entity to act on behalf of municipality. 6. Pursuant to the land banking agreement or any subsequent amendment thereto, the land bank entity may be designated by the municipality to: a. acquire properties on its behalf through contribution, gift, grant, beque…

40A:12A-8 Effectuation of development plan. 8. Upon the adoption of a redevelopment plan pursuant to section 7 of P.L.1992, c.79 (C.40A:12A-7), the municipality or redevelopment entity designated by the governing body may proceed with the clearance, replanning, development and re…

40A:12A-80 Authority of land bank entity to hold properties in trust; disposition of tax liens. 7. a. For purposes of this section, a municipality, through the land banking agreement itself, or through the adoption of a separate ordinance, may authorize the land bank entity to ho…

40A:12A-81 Powers of redevelopment entity. 8. a. To the extent that the statute under which a redevelopment entity was established, section 4 of P.L.1992, c.79 (C.40A:12A-4) or P.L.1960, c.183 (C.40:37A-44 et seq.) in the case of a county improvement authority, confers on that en…

40A:12A-82 Terms, conditions for conveyance. 9. In leasing or conveying land bank property, unless the property is part of an area in need of redevelopment, a redevelopment entity shall not be subject to the provisions of section 9 of P.L.1992, c.79 (C.40A:12A-9), but shall be su…

40A:12A-83 Modifications of land banking agreement. 10. Following entrance into a land banking agreement, the land bank entity may modify its bylaws or other governing documents to address actions taken on land bank property, including but not limited to, the leasing and conveyan…

40A:12A-84 Community advisory board. 11. a. Within six months after designation by the municipality, the land bank entity shall create a community advisory board, which shall consist of representatives of recognized community associations and non-profit organizations operating wi…

40A:12A-85 Annual report. 12. The land bank entity shall provide an annual report to the municipal governing body and the public describing the properties being held by it as a land bank entity and the activities that it carried out during the year as a land bank entity. L.2019, …

40A:12A-86 Exemption from property taxation. 13. The land banking agreement between the municipality and a land bank entity may provide that properties held by the land bank entity in trust on behalf of the municipality pursuant to section 7 of P.L.2019, c.159 (C.40A:12A-80), or …

40A:12A-87 Termination of land banking agreement. 14. a. (1) The municipality may, by ordinance, terminate the land banking agreement at any time, with or without cause, by providing the land bank entity with one year's notice of termination from the date of the adoption of that …

40A:12A-88 Land bank entity may act for more than one municipality. 15. A land bank entity may act as a land bank entity for more than one municipality at the same time, subject to the provisions of the "Uniform Shared Services and Consolidation Act," P.L.2007, c.63 (C.40A:65-1 e…