Title 40, Title 40: MUNICIPALITIES AND COUNTIES

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 situated for the permanent improvement and maintenan…

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 street or highway or any portion thereof proposed to be improved or heretofore improved, …

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 with each other may be included in one advertisement.

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 into a contract with the board of chosen freeholders of the county in w…

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 collection thereof shall be made in the same manner as other assessments for local imp…

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 any improvement or addition to a sewerage system has been or shall hereafter be constructed in a municipality, and the…

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 of any street in which the same is laid. In that case such work shall be specified in the ordinance pr…

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 any property assessed for benefits or awarded damages incidental to the …

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 shall, upon receiving the certified copy of such order or judgment, note in his books any corrections or change…

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 any real estate or interest therein taken for any improvement mentioned in this chapter…

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 the appeal is taken pursuant to section 40:56-56 of this Title shall assess such damages anew in t…

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 ordinance for that purpose, when introduced,…

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 shall vest in the city, which may thereupon enter upon and take possession of su…

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 the same and the work thereof and all orders relating thereto may be by resolution.…

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 by the court in such manner as it deems appropriate. The confirmed award shall not be enforceable against the city until thi…

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 determine the amount, if any, that any property is damaged incidentally to th…

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 the same, shall apply to the Superior Court for c…

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 assessment shall be payable immediately. The said officer shall immediately after delivery of the same to him,…

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 date of the ordinance or resolution authorizing the assessment be a first lien upon t…

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; (2) such conditions constitute a hazard to the safety of pede…

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 movement, safety, convenience and enjoyment of pedestrians, whether or not a part of a street is set apart for roa…

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 creation and management of a special improvement…

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 a part of any State highway, is located primarily in a business district, is improved to its m…

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 mall, limit the use of the surface of such streets or parts thereof at all times or du…

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 improvement, located within or without the municipa…

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 the creation and maintenance of a pedes…

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 facility or special improvement district. In addition to other requirements for …

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 of P.L.1998, c.115 (C.40:56-71.2) in order to promote the …

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 (C.40:56-71) may, by ordinance, designate all or any …

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 appropriated or otherwise made available to the fund. All moneys deposited in the fund shall…

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 undertaking public improvements to the zones. b. The muni…

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, the governing body of the municipality shall establish assessments in the manner in which cos…

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 necessary to implement the provisions of P.L.1998, c.115 (C.40:56-71.1 …

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 findings and recommendations and submit the report to the Governor, President of the Senate and Speaker…

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 pedestrian mall or provision of improvemen…

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,…

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 street or sidewalk included in a special improvement distri…

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…

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 shall be taken in accordance with the prov…

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 of the governing body, for any purpose or activity which wi…

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 di…

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 least a majority of whom shall be owners or occupants of pro…

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 condemnation is privately owned or operated, an…

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 annual…

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, 1972.

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 provisions or applications of the act and to this end the provisions of this act are severable. L.1972, c. 134, s. 18,…