Title 40, Title 40: MUNICIPALITIES AND COUNTIES

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 situate in the host county. Such facilities shall also be open to use by any municip…

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, during t…

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 increasingly scarce, especially in certain areas of this State. b. In communi…

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 seq.). b. "Bonds, bond anticipation notes and other notes and obligations," or "bonds, bond anticipat…

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 loans; (2) Enter into agreements with qualified housing sponsors for permanent loans and temporary loans…

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 as the authority shall require. L.1979, c. 275, s. 4, eff. Jan. 3, 1980.

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 projects, designed primarily to serve families whose incomes do no…

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 not in excess of 50 years as determined by the authority; b. The amount of the loan shall not exceed 90% of the …

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 and the operation thereof: a. To enter upon and inspect without prior notice any proj…

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 fa…

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 shall provide priority categories for persons displaced or caused …

40:37A-114.1 Definitions relative to affordable housing occupancy preferences. 1. a. As used in this section: "Disabled veteran" means any resident of the State who has been honorably discharged or released under honorable circumstances from active service in any branch of the Ar…

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 any housing project…

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 which any tax exemption is provided shall, in additi…

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 be no sale of any of the r…

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 notes and obligations in such principal amounts as in the opinion of…

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, except as expressly limited in this a…

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 is made; the revenues, moneys, funds or other proper…

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 shall be liable personally on such bonds, bond anticipation n…

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 therefor. The authority may hold, cancel or resell such bonds, bond anticipation notes or o…

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 housing finance funds: (1) any proceeds of the sale of the bonds…

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 notes or obligations issued pursuant to the authority of …

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, all banks, tr…

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 be exempt from all taxes and special …

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 execution or other judicial process shall issue against the same nor shall any ju…

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 guarantee as to, or of or for the pa…

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 or for the paymen…

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 to the governing body of the county and of each municipality and beneficiary county in which a housing proje…

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 this act or the "county improvement authorities law," P.L.1960, c. 183 (C. 40:37A-44 et seq.), shall have the followin…

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 other law…

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 such services to the authority as may be within t…

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 or any agent or employee thereof in connection with …

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 powers. L.1979, c. 275, s. 29, eff. Jan. 3, 1980.

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, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, s…

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. 18, 1961.

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 act; (b) "Bond resolution" shall have the meaning ascribed thereto in section 17 of P.L.1960, c.183 (C.40:…

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 this act, under the name and style of "the county improvement authority," with all or any significant p…

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 authority if either (1) such authority has no debts or obligations outstanding, or (2) all credit…

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, in many cases, buildings and other improvements thereon; (b) that, as the defense…

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 of an authority, 5 persons shall be appointed as the members of the authority. The membe…

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 its members a chairman and a vice chairman who shall hold off…

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 the entire authorized voting membership of the authority shall constitute a quorum at any meeting …

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 their duties. L.1960, c. 183, p. 735, s. 8, eff. Jan. 18, 1…

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, or employed by, an authority; but the governing body of the county may, by ordinance or resolution, as appropriate, pro…

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 in office or other disqualifying cause and after he shall have been given a copy of the charges aga…

40:37A-54 Purposes. 11. a. The purposes of every authority shall be (a) provision within the county or any beneficiary county of public facilities for use by the State, the county or any beneficiary county, or any municipality in any such county, or any two or more or any subdivi…