Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:37-95.6. President; vice-president; secretary; duties; disbursements The president shall preside at all meetings of the commission, and shall, with the treasurer, sign all checks, drafts, notes, requisitions of funds, contracts and other agreements and obligations of the commi…

40:37-95.7. Appointments of commission; approval by board of chosen freeholders All appointments of officers and employees to be made by the park commission except its president, vice-president and secretary shall be made with the approval of the board of chosen freeholders of th…

40:37-95.8. Adverse interest of officer or employee; misdemeanor It shall be a misdemeanor for any member of the park commission or any officer or employee appointed by it, to be interested directly or indirectly in purchasing any real estate or any right or interest therein, or …

40:37-95.9. Office; expenditures; limitation; appropriation of moneys from revenue producing facilities The board of chosen freeholders shall provide the commission with a suitable office and upon the establishment of the commission may make available for expenditures by the comm…

40:37-96. Counties governed hereby; referendum; exception The provisions of sections 40:37-96 to 40:37-174 of this title shall apply to counties having a population of more than two hundred thousand inhabitants, but shall remain inoperative in any such county until submitted to a…

40:37-97. Commission; appointment; number In any county having a population of more than 200,000, which is governed by sections 40:37-96 to 40:37-174 of this Title, the board of chosen freeholders of the county shall appoint 5 persons a board of commissioners to be known as "the …

40:37-97.1. Continuation of incumbent commissioners in office Members of any county park commission governed by sections 40:37-96 to 40:37-174 of the Revised Statutes in office on the effective date of this act shall continue as members of such commission for the terms for which …

40:37-98. Commissioners; terms; vacancies The commissioners first appointed in any county shall hold office for the term of 1, 2, 3, 4 and 5 years respectively, as indicated and fixed in their orders of appointment. Thereafter all commissioners shall hold office for the full term…

40:37-99. Commission a body politic; compensation and expenses; oaths The persons so appointed when duly qualified, constituting the board of park commissioners, and their successors, shall be a body politic, with power to sue and be sued, use a common seal and make by-laws. The …

40:37A-100. Solid waste disposal systems; applicability of Solid Waste Management Act Any solid waste disposal system operated by a county improvement authority shall be subject to the provisions of the "Solid Waste Management Act (1970)" (P.L.1970, c. 39, C. 13:1E-1 et seq.), an…

40:37A-101. Selection of site location for disposal system 4. Whenever any county improvement authority chooses to exercise the powers granted by P.L.1973, c.330 (C.40:37A-100 et al.) with respect to the selection of a site location or locations for any facility of its garbage an…

40:37A-102. Responsibility for selection of final site; approval required 5. Subject to an enabling resolution adopted by the governing body of the county which has created such an authority or by the governing body of any beneficiary county (hereinafter referred to as the host c…

40:37A-103. Classification of solid waste facility as public utility 6. Any solid waste facilities owned or operated by a county improvement authority pursuant to the provisions of this amendatory and supplementary act, shall be deemed a public utility and shall be subject to suc…

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.