Title 40A, Title 40A: MUNICIPALITIES AND COUNTIES

40A:12A-21. Municipal housing authority may act as redevelopment entity 21. A municipality may authorize its municipal housing authority to act as a redevelopment entity under this act. An authorization made after the effective date of this act shall be subject to prior review an…

40A:12A-22 Powers of municipality, county, redevelopment agency, housing authority, land bank entity. 22. A municipality, county, redevelopment agency, or housing authority is authorized to exercise all those public and essential governmental functions necessary or convenient to …

40A:12A-22.1 Definitions relative to criminal history background checks for local housing authority employees. 1. As used in this act: "Applicant" means a person 18 years of age or older who is being considered for employment for at least seven hours a week by an authority. "Auth…

40A:12A-22.2 Criminal history background checks on applicants for employment with local housing authorities. 2. a. An authority may perform criminal history background checks on applicants for employment, according to the provisions of this act. An authority which elects to compl…

40A:12A-22.3 Information submitted by applicant; consent; cost. 3. An applicant shall submit to the authority his or her name, address, and fingerprints taken on standard fingerprint cards by a State or municipal law enforcement agency. An applicant who refuses to consent to, or …

40A:12A-22.4 Notification to applicant; appeal; maintenance of information. 4. a. Upon receipt of an applicant's criminal history record information, an authority shall notify the applicant, in writing, as to whether he is qualified or disqualified for employment pursuant to P.L.…

40A:12A-23. Agencies, authorities subject to existing laws 23. Each redevelopment agency and housing authority shall be subject to the provisions of the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.), and, except as specifically provided in this act,…

40A:12A-24. Dissolution of redevelopment agency, housing authority 24. A municipality or county may dissolve its redevelopment agency or housing authority by ordinance, or by resolution in the case of a county whose charter does not provide for the adoption of ordinances, and tra…

40A:12A-25. Expenditures of agency, authority 25. All expenditures by a redevelopment agency or housing authority, including its debt payments, shall be consistent with its annual budget, which shall be transmitted to the governing body and chief executive officer of the municipa…

40A:12A-26. Financial reports by redevelopment entity 26. Each redevelopment entity shall: a. As part of its annual budget, submit to the municipality an estimate of all income and expenses for each redevelopment project, which shall include all its indebtedness including payment…

40A:12A-27. Oversight of governing body over redevelopment agency 27. a. The governing body of any municipality which has established a redevelopment entity may order the redevelopment agency, or any officer or employee thereof, to do such acts as may be necessary to comply with …

40A:12A-28. No ordinance, resolution adopted by initiative, referendum 28. No ordinance, amendment or revision of an ordinance, or resolution under this act shall be submitted to or adopted by initiative or referendum, notwithstanding any other law to the contrary. L.1992,c.79,s.…

40A:12A-29. Issuance of bonds, notes 29. a. Bonds and notes issued by a redevelopment entity pursuant to this act shall be authorized by resolution of the redevelopment entity and may be issued in one or more series and shall be sold in any one of the following manners: (1) at pu…

40A:12A-3 Definitions. 3. As used in P.L.1992, c.79 (C.40A:12A-1 et seq.): "Bonds" means any bonds, notes, interim certificates, debentures or other obligations issued by a municipality, county, redevelopment entity, or housing authority pursuant to P.L.1992, c.79 (C.40A:12A-1 et…

40A:12A-30 Power of redevelopment entity to issue bonds, notes. 30. a. A redevelopment entity 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 its opinion …

40A:12A-31. Provisions of bond resolution 31. Any bond resolution of a redevelopment entity providing for or authorizing the issuance of any bonds may contain provisions, and such entity, in order to secure the payment of such bonds and in addition to its other powers, shall have…

40A:12A-32. Appointment of trustee for bondholders 32. a. If the bond resolution of a redevelopment entity authorizing or providing for the issuance of a series of its bonds shall provide in substance that the holders of the bonds of such series shall be entitled to the benefits …

40A:12A-33. Appointment of receiver 33. If the bond resolution of a redevelopment entity authorizing or providing for the issuance of a series of its bonds shall provide in substance that the holders of the bonds of such series shall be entitled to the benefits of section 32 of P…

40A:12A-34. Property exempt from levy, sale 34. All property of a redevelopment entity 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 judgment against a redevelopment entity be a…

40A:12A-35. Investment in bonds 35. Notwithstanding any restriction contained in any other law, the State and all public officers, municipalities, counties, political subdivisions and public bodies, and agencies thereof, all banks, trust companies, savings banks and institutions,…

40A:12A-36. Projects, properties declared public property 36. All projects and all other properties of a redevelopment agency or housing authority are hereby declared to be public property of a political subdivision of the State and devoted to an essential public and governmental…

40A:12A-37. Municipality, county may incur indebtedness to aid housing authority, redevelopment entity 37. a. Any municipality or county may incur indebtedness, borrow, appropriate and expend money and issue its negotiable bonds or other obligations for the purpose of aiding any …

40A:12A-38. Cooperation with other public body 38. Any municipality or county may cooperate with any other public body, as authorized in the "Interlocal Services Act," P.L.1973, c.208 (C.40:8A-1 et seq.), in the planning, undertaking and carrying out of redevelopment or housing p…

40A:12A-39. Powers of public body in aiding, cooperating with projects 39. For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing or redevelopment projects located within the area in which it is authorized to act, any public b…

40A:12A-4 Powers of municipality, planning board. 4. In exercising the redevelopment and rehabilitation functions provided for in this act: a. A municipal governing body shall have the power to: (1) Cause a preliminary investigation to be made pursuant to subsection a. of section…

40A:12A-4.1 Affordable housing units required for tax abatement, certain. 1. Any municipality that has designated a redevelopment area, provides for a tax abatement within that redevelopment area and has adopted a housing element pursuant to subsection b. of section 19 of P.L.197…

40A:12A-4.2 Guidelines for tax abatement relative to affordable housing. 2. Any municipality that makes the receipt of a tax abatement conditional upon the contribution to an affordable housing trust fund shall include within the ordinance detailed guidelines establishing the par…

40A:12A-40. Payment in lieu of taxes 40. In connection with any housing project located wholly or partly within the area in which it is authorized to act, a public body may agree with a housing authority, redevelopment agency, redevelopment entity or the federal government that a…

40A:12A-41. Donations, capital grants 41. Any municipality or county located in whole or in part within the area of operation of a housing authority or a redevelopment entity shall have the power from time to time to lend or donate money or make capital grants or periodic subsidi…

40A:12A-42. Creation of advisory council 42. A municipality or county may create an advisory council to advise it regarding housing or redevelopment matters. L.1992,c.79,s.42.

40A:12A-43. Submission of annual report 43. Any municipality, county, redevelopment entity or housing authority utilizing the powers authorized herein shall submit an annual report to the Commissioner of Community Affairs indicating the name, location and size of all projects und…

40A:12A-44. Duties, authority of commissioner 44. The Commissioner of Community Affairs shall be the chief advocate of the State in working with the federal Department of Housing and Urban Development to promote the redevelopment and housing purposes of this act. The Commissioner…

40A:12A-45 Standards for course of study for executive directors. 45. The Commissioner of Community Affairs shall prescribe and enforce standards for the curriculum and administration of a course of study as he deems appropriate, the object of which shall be to assist members and…

40A:12A-46 Completion of course of study by incumbent members, executive directors 46. a. Any person serving as a member of a housing authority or a redevelopment agency on or after the effective date of the rules adopted pursuant to section 45 of P.L.1992, c.79 (C.40A:12A-45) sh…

40A:12A-47. Completion by executive directors of course of study 47. Commencing one year after the effective date of P.L.1992, c.79 (C.40A:12A-1 et al.), a person appointed as executive director of a housing authority or redevelopment agency shall satisfactorily complete the cour…

40A:12A-48 Waiving of course requirements 48. The commissioner may waive the course requirements set forth in sections 46 and 47 of P.L.1992, c.79 (C.40A:12A-46 and 40A:12A-47) for any person whom the commissioner determines to be qualified to serve as a member or executive direc…

40A:12A-49. Rules, regulations 49. The Commissioner of Community Affairs shall promulgate rules and regulations to effectuate the provisions of this act. The Local Finance Board shall adopt rules and regulations to effectuate the fiscal and financial controls set forth in the act…

40A:12A-5 Determination of need for redevelopment. 5. A delineated area may be determined to be in need of redevelopment if, after investigation, notice and hearing as provided in section 6 of P.L.1992, c.79 (C.40A:12A-6), the governing body of the municipality by resolution conc…

40A:12A-50. Findings, declarations relative to landfill reclamation improvement districts 1. a. The Legislature finds and declares that it is a public purpose and compelling State interest and is consistent with Article VIII, Section 3, paragraph 1 of the Constitution of this Sta…

40A:12A-50a. "Large Site Landfill Reclamation and Improvement Law" 1. P.L.1995, c.173 (C.40A:12A-50 et seq.) as amended and supplemented shall be known and may be cited as the "Large Site Landfill Reclamation and Improvement Law." L.1996,c.73,s.1.

40A:12A-51. Definitions used in C.40A:12A-50 et seq. 2. As used in P.L.1995, c.173 (C.40A:12A-50 et seq.) and this amendatory and supplementary act, P.L.1996, c.73 (C.40A:12A-50a et al.): "Authority" means the New Jersey Economic Development Authority established pursuant to P.L.…

40A:12A-52. Creation of landfill reclamation improvement districts permitted 3. A municipality in which there is a tract of land of at least 150 acres in size which may consist of one or more tax lots, of which not less than 100 acres were formerly or are presently used as a land…

40A:12A-53. Adoption of ordinance to levy, collect franchise assessment; purposes 4. a. A municipality that has created a district pursuant to section 3 of P.L.1995, c.173 (C.40A:12A-52), in which there is an area designated as an urban enterprise zone in which the receipts of ce…

40A:12A-53.1. Powers of municipality adopting franchise assessment ordinance 6. For the purposes of the effective administration of the franchise assessment, a municipality adopting a franchise assessment ordinance shall have the power to: a. Collect the franchise assessment, int…

40A:12A-54. Appropriation of franchise assessments; apportionment of retained amount 5. Any portion of the aggregate franchise assessment collected annually by the municipality which is not appropriated or expended by the municipality for purposes of the district as such purposes…

40A:12A-56 Provision for tax abatement, payments in lieu of taxes; special assessments. 8. a. A municipality that has created a landfill reclamation improvement district pursuant to section 3 of P.L.1995, c.173 (C.40A:12A-52) may provide for tax abatement within that district and…