Title 40, Title 40: MUNICIPALITIES AND COUNTIES

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 in any other municipality for the construction of sewage disposal p…

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 days after such refusal, apply to the state department of health, which …

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 where it is proposed to locate such plants may, within thirty da…

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 a portion of the lands of the Passaic valle…

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 or works are to pass or be …

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 or works and such contract shall be authorized on behalf of all municipalities parties …

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, granting the privilege of connecting the sewers …

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 may be provided for therein, such other municipality may issue bonds in accordance with the provisi…

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 become members of the joint meeting upon term…

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, particular municipalities shall use; and may provide by…

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 private corporation or individual, upon such terms as they may deem expedien…

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 detailed statement in writing to be approve…

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 same shall be promptly paid by the several municipalities contracting, according to the percent…

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 accordance with the provisions of sec…

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 the public improvement or works shall meet…

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 beyond the line of the whole property assessed, but the cost thereof shall be assessed upon and…

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 fairly …

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 or disposal plants, the assessment upon all lands and real estate which at t…

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 or disposal plants, in ascertaining and estimating the proportion of the cost of su…

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 apply to it for confirmation thereof. The court shall either con…

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 and proceedings, and the municipality shall immediately pay such cos…

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 the quantity of his or her interest or the nature of his or her estate, or an…

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 may provide that …

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 respectively assessed, from the date of the ratification or confirmation of the report thereof until sa…

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 upon property within the municipality by…

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 finances may issue the bonds of such municipality to an amount sufficient to defray its p…

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 article, who shall sustain any direct in…

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 by this article in respect of which an assessment for benefits may …

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 such improvements are completed or assessment…

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 title (s. 40:1-1 et seq.), and under such other lawful …

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 improvements, including all incidental expense, apportioned to said contractin…

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 works under the provisions of this article to issue its bonds to raise the money nece…

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 of chapter 1 of this title (s. 40:1-1 et seq.). There shall be raised each year in the tax levy and incl…

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 other moneys are raised in such municipality, such sum of mon…

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, may pay its proportion of the costs and expenses of any improvements or wo…

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 article and necessary or property to accomplish the purposes cont…

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 the State of New Jersey…

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 …

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 made under either section 1 or section 2 of this act, which is specified in the agreement of lease or …

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 pay for work performed thereunder," approved May third, one…

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 purchase any works, system or plant, or any portion thereof, at their joint cost, …

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 of the several municipalities having authority to make and enter into contracts fo…

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 trunk sewer, or system of sewerage, a system of co…

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 in such municipalities respectively, may unite and jointly ca…

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 each of the municipalities joining in the expense thereof…

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 with the construction of sewers and drains therein, where s…