Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:43-66.63. Consolidation of municipalities; election of officers; date of consolidation; ward boundaries; election district boundaries a. Following the adoption of the question of consolidation in each of the participating municipalities, the nomination and election of officers…

40:43-66.64. New corporate entity; adoption of ordinances by resolution; notice; publication; application of general laws of state From and after the date of consolidation, as set forth in section 29 of this act, the participating municipalities shall constitute and be a single m…

40:43-66.65. Succession in government From and after the date of consolidation, the consolidated municipality or new school district, if any, shall be vested with and subject to the assets, contracts, debts and other obligations of the participating municipalities, or constituent…

40:43-66.66. Cooperation of officers and employees of participating municipalities All officers and employees of the participating municipalities are authorized and directed to cooperate fully with any officers elected to govern the consolidated municipality, who have not yet tak…

40:43-66.67. Transfer of funds and property; tax levy for property subject to separate taxation Immediately upon the installation of the government of the consolidated municipality, the officers having custody of the funds of the participating municipalities shall deliver all fun…

40:43-66.68. Officers and appointees of governing body of participating municipalities; termination of office The terms of office and appointments of all local officers and employees elected or appointed by, in, or for the participating municipalities shall, except as otherwise p…

40:43-66.69. Legal proceedings No suit, action, or proceeding pending in any court or before any board or department wherein one of the participating municipalities or constituent school districts is a party, or in which it is interested, or by the determination of which it might…

40:43-66.70. Debt obligations and bond issues During the period between the date of election of new officers for the consolidated municipality, and the date of consolidation, no new debt obligations, excepting emergency notes issued pursuant to N.J.S. 40A:4-51, shall be authorize…

40:43-66.71. Permits, licenses and franchises Permits, licenses and franchises granted to any place or person by any of the participating municipalities shall, subject to their conditions, remain in full force and effect and be recognized by the consolidated municipality until th…

40:43-66.72. Succession in school districts If so provided in the plan of consolidation approved by the voters of the participating municipalities pursuant to this act, from and after the date of consolidation the school districts of the consolidated municipalities shall be a sin…

40:43-66.73. Principals, teachers and employees in public schools All principals, teachers, and employees in the public schools of the participating municipalities, or of any regional school district or portion thereof abolished by the consolidation, shall, when the consolidation…

40:43-66.74. Members of school boards of education a. The members of the first board of a type I school district shall be appointed and take office on the date of consolidation in the manner provided in subarticle 4A of chapter 12 of Title 18A of the New Jersey Statutes. All subs…

40:43-66.75. Officers and employees All officers and employees of the participating municipalities whose employment is continued following consolidation shall be employees of the consolidated municipality. They shall be subject to the orders and control of the mayor or other chie…

40:43-66.76. Joint service program grant; application; limitations Within 3 months from the date of consolidation, the governing body of the consolidated municipality shall, in accordance with the provisions of this section, file an application with the department for a joint ser…

40:43-66.77. Liberal construction of act; severability a. This act, being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purpose thereof. b. If the provisions of any article, section or clause of this act or the application …

40:43-66.78. Findings, declarations relative to consolidation of sparsely populated municipalities 1. The Legislature finds and declares that the consolidation of sparsely populated municipalities into contiguous municipalities having larger populations should be encouraged as a …

40:43-66.79. Definitions 2. For the purposes of this act: "Absorbing municipality" means a municipality into which a contiguous sparsely populated municipality situate in the same county intends to be consolidated pursuant to the provisions of P.L.1995, c.376 (C.40:43-66.78 et se…

40:43-66.80. Ordinance proposing municipality's consolidation; consent 3. a. The governing body of a sparsely populated municipality may adopt, by two-thirds vote of its full membership, an ordinance proposing the municipality's consolidation into a contiguous municipality. b. Th…

40:43-66.81. Question of consolidation submitted to voters 4. a. Whenever the governing body of a sparsely populated municipality with a population between 100 and 500 persons according to the most recent federal decennial census and the governing body of an absorbing municipalit…

40:43-66.82. Meeting with mayors; timetable of consolidation 5. a. Within 20 days of either: (1) receipt of an ordinance consenting to consolidation pursuant to subsection c. of section 3 of P.L.1995, c.376 (C.40:43-66.80), with regard to a consolidation involving a sparsely popu…

40:43-66.83. Effects of consolidation 6. a. The consolidated municipality shall continue the form of government and name of the absorbing municipality. b. The clerk of the consolidated municipality shall notify the Secretary of State and the county clerk of the consolidation. c. …

40:43-66.84. Tuition, transportation costs of students on federal property 7. In the event children in a consolidated municipality reside on federal property within the former boundaries of a sparsely populated municipality, the State shall assume fiscal responsibility for the tu…

40:43-7. Actions and liabilities unaffected No suit brought by or against any such municipality shall abate by reason of the change of such corporate title, nor shall the liability of such municipality, or of any person to such municipality, on any contracts or otherwise, be affe…

40:43-8. Corporate title shortened The governing body of every municipality may by resolution shorten the corporate title thereof by striking therefrom any such words as "the mayor and common council of" or "the mayor and aldermen of" , so that the corporate title of such municip…

40:43-9. When effective; actions and liabilities unaffected; resolution published Upon the filing in the office of the secretary of state of any such resolution passed by any such board or body, the corporate title of such municipality shall be changed as designated in such resol…

40:43-9.1. No proceedings for new charter or form of government while other proceedings pending Notwithstanding the provisions of any other general or special law, no petition for submission of the question of adopting a new or different municipal charter or form of government ma…

40:44-10. Application to and governance of municipalities divided into wards This act shall apply to and govern any municipality having adopted a charter or form of government, or ordinance, providing that the municipality shall be divided into wards, or other similar representat…

40:44-11. Division into wards by ward commissioners A municipality shall be divided by the ward commissioners, in the manner provided in this act, into so many wards as the charter or form of government, or ordinance, may provide. The members of the county board of elections of t…

40:44-12. Compensation of ward commissioners, assistance 4. Each ward commissioner shall be entitled to be reimbursed for necessary expenses incurred in the performance of his duties and to such compensation as the governing body may provide by ordinance or resolution. The ward c…

40:44-13. Meetings; oath; division into wards or change in boundaries 5. a. Within 5 days following any election at which the voters of the municipality shall have adopted a charter, or an amendment thereof, or a form of government requiring the division of the municipality into …

40:44-14. Boundaries; requirements The ward commissioners shall fix and determine the ward boundaries so that each ward is formed of compact and contiguous territory. The population of the most populous ward so created shall not differ from the population of the least populous wa…

40:44-15 Report on ward boundaries; filing, format. 7. a. Within 30 days following their initial meeting pursuant to section 5 of this act, the ward commissioners shall file their report, certified by at least three of their signatures, setting forth and properly describing the w…

40:44-16 Publication of notice of ward boundaries. 8. Within 2 weeks immediately following the filing of the certified report by the ward commissioners, the municipal clerk shall cause to be published at least once in at least one newspaper generally circulating in the municipali…

40:44-17. Adjustment of boundaries; continuance in office of elected officers Whenever the boundaries of existing wards are adjusted pursuant to subsection b. or c. of section 5 of this act, all officers elected therefor shall continue in office until their respective terms of of…

40:44-18. Inapplicability of act to wards or ward boundaries existing on January 12, 1982 Nothing contained in this act shall invalidate any wards or ward boundaries existing in any municipality on the effective date of this act which were fixed and determined pursuant to any pre…

40:44-9. Short title This act shall be known and may be cited as the "Municipal Ward Law." L.1981, c. 496, s. 1, eff. Jan. 12, 1982.

40:45-1. When held; law applicable Except as hereinafter provided in section 40:45-2 of this title, all municipal or charter elections shall be held and all officers required to be elected in any municipality, except officers first elected in newly created municipalities, shall b…

40:45-10. Designation of candidate on ballot Any candidate whose name is to be printed on the ballot may petition the municipal clerk to print, opposite his name on the ballot, such designation, in not more than six words, as requested by him in the petition, for the purpose of i…

40:45-10.1. Designation of committee on vacancies When several candidates for the office of commissioner petition that their names be grouped together and that one designation named by them shall be printed opposite their names pursuant to section 6 of P.L.1981, c.379 (C.40:45-10…

40:45-11. Nomination for one office only No person shall accept nomination for more than one municipal office to be voted for at a regular municipal election to be held under this act. L.1981, c. 379, s. 7, eff. Jan. 1, 1982.

40:45-12. Order of names of candidates on ballot; drawing lots The municipal clerk shall draw lots to determine the order in which the names of the candidates or groups of candidates shall appear upon the ballots. The name of the person or group of candidates first drawn shall oc…

40:45-13. Publication of names of candidates Within 10 days after the expiration of the time for filing certificates, statements and petitions for candidates, and the drawing for position, the municipal clerk shall cause the names of the candidates as they are to appear upon the …

40:45-14. Persons with same name; statement of identification on ballot When persons bearing the same name are nominated for the same office, either person may file with the municipal clerk a statement in writing containing not more than six words as a means of identification. Th…

40:45-15 Ballots; printing and authentication; contents; delivery. 11. In the case of a regular municipal election occurring on the second Tuesday in May, the municipal clerk shall cause the ballots to be printed and authenticated by the clerk's signature. Upon the ballots shall …

40:45-16. Count of ballots; statement of returns; canvass The district boards of registry and election shall, immediately upon the closing of the polls, count the ballots and ascertain the number of votes cast in the election district for each of the candidates in the manner prov…

40:45-17 Number of votes for election; commencement of term of office. 13. At the regular municipal election in any municipality which has adopted this act, the candidates receiving the greatest number of votes cast shall be elected to the respective offices. Except as otherwise …