Title 40, Title 40: MUNICIPALITIES AND COUNTIES

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 water mark, without a license or order …

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 docks clean and free from obstructions, and the municipality…

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 as provided in section 40:68-12 of this Title, may, within thirty days thereaf…

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 United States to and for the credit of the secret…

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 and twenty-one, between the states of New York and New Jersey, with the consent of congress and also a…

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, basins, vehicular roadways, railroad connections, side tracks, sidings and other buildings, …

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 lands under water and riparian rights and any and all things and rights usually includ…

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 facilities in and upon or about any …

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, and for such purposes is…

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 shall be paid into the municipal treasury and shall be ap…

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 "The Harbor Commission of " (here insert name of …

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 body of such municipality with respect to the management, operation and control of the harbor and water fr…

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 approval, by resolution, of the municipal governing body. b. Subject to the approval, by re…

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 shall and are hereby declared to be dedicated revenues as defined in secti…

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, s. 2, eff. Jan. 16, 1957.

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 provide by ordinance for the creation and establishment in the m…

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 shall thereby be created for such district and shall be known a…

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 shall be qualified voters and residents of such district. The commissioners so elected shall hold …

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, wharves, piers, bulkheads, docks, slips and …

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 the unexpired term and until a successor is elected. L.1967, c. 184, s. 4, eff. July 27, 1967.

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 wherein the district is situate and shall contain the signatures of at least 10 qualified vot…

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 qualified to administer an oath to the effect that such petition is personally signed by each of the signers thereof,…

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. L.1967, c. 184, s. 7, eff. July 27, 1967.

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 municipality wherein the district is located and shall contain a heading "Beach Erosion Contro…

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 in the municipality, as judge of election and one person to serve as a teller during…

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 list of the preceding general election for the election district or districts encompassing the Beac…

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 fixed for the election. The municipality shall furnish to the judge of elections suitable books in …

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 the count without delay or …

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 authorized to administer oaths, an oath faithfully to discharge…

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 the erection, improvement, alteration, extension, maintenance, use, regulat…

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 succession and have the following powers and be authorized to: (1) Adopt and have a common seal and to al…

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 of making surveys, borings, …

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 or other evidences of indebtedness, the district shall be authorized to iss…

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 marketing any of its bonds, refunding or other, the municipality in which it is situate may pursuant to ordinance duly adopt…

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 2 of Ti…

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 of the district and to loan or donate such moneys to the district i…

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, chapter 4 of Title 40A of the New Jersey Statutes. Upon adoption of the budget the clerk of the district…

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 assessed in accordance with the provisions of this act to the treasurer of the district. L.1967…

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 or the amount determined pursuant to subsection b. of this section, without advertisement for bids, which shall be …

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 of the commission to be made and filed with the commission, and for this purpose the commission shall employ a registered mu…

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 twenty, which lies entirely within the m…

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 (1) such district has no debts or obligati…

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 in part, such section or provision shall, to the extent that it is not unconstitutional, invalid or inoperativ…

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, or misconduct in office or other disqualifying cause, and after shall be given a co…

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 authorized by law to operate, upon such rentals, terms and conditions, as t…

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 gross receipts and income received from the operation by …