Title 40A, Title 40A: MUNICIPALITIES AND COUNTIES

40A:26A-20. Bonds as legal investments Notwithstanding any restrictions contained in any other law, the State and all public officers, local units, political subdivisions and public bodies, or agencies thereof, banks, trust companies, savings banks, savings and loan associations,…

40A:26A-21. Competitive sewerage system; consent of existing authority In the event a sewerage or municipal utilities authority has been established in a local unit pursuant to the provisions of the "sewerage authorities law," P.L.1946, c.138 (C.40:14A-1 et seq.) or the "municipa…

40A:26A-22. Statutes repealed The following acts are repealed: P.L.1966, c.205 (C.40:23-19.1 through 40:23-19.14); R.S.40:63-1 through 40:63-39; and R.S.40:63-41 through 40:63-67. L.1991,c.53,s.1.

40A:26A-3. Definitions As used in this act: "Bonds" means bond anticipation notes or bonds issued in accordance with the "Local Bond Law," N.J.S.40A:2-1 et seq. "Cost" as applied to sewerage facilities or extensions or additions thereto, means the cost of acquisition or the const…

40A:26A-4. Acquisition, construction or operation of sewerage facilities by one or more local units A local unit may, either separately or in combination with one or more other local units acquire, construct or operate a sewerage facility upon a determination by the governing bod…

40A:26A-5 Powers. 40A:26A-5. One or more local units adopting an ordinance or resolution in accordance with N.J.S.40A:26A-4 are authorized and empowered: a. To acquire, construct, improve, extend, enlarge or reconstruct and finance sewerage facilities, and to operate, manage and …

40A:26A-6. Surveys, maps and other costs; reimbursement from bond funds a. Whenever a local unit pursuant to N.J.S.40A:26A-4 chooses to exercise powers granted hereunder, the local unit shall make or cause to be made such surveys, investigations, studies, borings, maps, plans, dr…

40A:26A-7. Property damaged, repair, restoration or compensation All public or private property damaged or destroyed in carrying out the powers granted by this act shall be restored or repaired and, as nearly as practicable, placed in its original condition, or adequate compensat…

40A:26A-8. Relocation of public utility property Whenever the local unit or units determine that it is necessary that any public utility facilities such as tracks, pipes, mains, conduits, cables, wires, towers, poles and other equipment and appliances of any public utility, as de…

40A:26A-9. Bonds and security therefor A local unit having adopted an ordinance or resolution pursuant to N.J.S.40A:26A-4, may issue bonds pursuant to the provisions of the "Local Bond Law," N.J.S.40A:2-1 et seq., for all or part of the cost of sewerage facilities. Proceeds from …

40A:26B-1 Short title. 1. Sections 1 through 18 of P.L.2019, c.42 (C.40A:26B-1 et seq.) shall be known and may be cited as the "Clean Stormwater and Flood Reduction Act." L.2019, c.42, s.1.

40A:26B-10 Issuance of bonds. 10. A county, municipality, or authority that establishes a stormwater utility pursuant to P.L.2019, c.42 (C.40A:26B-1 et al.) may provide, by ordinance or resolution, as appropriate, at one time, or from time to time, for the issuance of bonds for t…

40A:26B-11 Posting of report on website; contents. 11. a. A county, municipality, or authority that establishes a stormwater utility pursuant to P.L.2019, c.42 (C.40A:26B-1 et al.) shall, within one year after establishment of the utility, and each year thereafter, prepare and su…

40A:26B-12 Acquisitions relative to stormwater utility. 12. a. A county, municipality, or authority that establishes a stormwater utility pursuant to P.L.2019, c.42 (C.40A:26B-1 et al.) may acquire by gift, grant, purchase, or condemnation, or in any other lawful manner, any priv…

40A:26B-13 Existing stormwater management systems, dedication. 13. a. Notwithstanding the provisions of section 12 of P.L.2019, c.42 (C.40A:26B-12), the owner of a stormwater management system that complies with the State and local stormwater management standards that were in pla…

40A:26B-14 Contracts with private entities. 14. A county, municipality, or authority that establishes a stormwater utility pursuant to P.L.2019, c.42 (C.40A:26B-1 et al.) may, pursuant to the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), enter into a contrac…

40A:26B-15 Rules, regulations relative to wages; financial assistance. 15. Each county, municipality, and authority shall adopt rules and regulations requiring that not less than the prevailing wage rate be paid to workers employed in the performance of any construction contract …

40A:26B-16 Stormwater utility guidance manual. 16. a. Within 18 months after the effective date of this section, the Department of Environmental Protection, in consultation with the Board of Public Utilities, the Division of Local Government Services in the Department of Communit…

40A:26B-17 "Clean Stormwater and Flood Reduction Fund." 17. a. There is established in the General Fund a special nonlapsing account to be known as the "Clean Stormwater and Flood Reduction Fund." The State Treasurer shall credit to this account all moneys remitted to the State T…

40A:26B-18 Rules, regulations. 18. The Department of Environmental Protection, the Division of Local Government Services in the Department of Community Affairs, and the Local Finance Board may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et s…

40A:26B-2 Findings, declarations relative to stormwater utilities. 2. a. The Legislature finds and declares that: (1) The State of New Jersey faces an extensive set of problems due to inadequate stormwater infrastructure and management, and these problems directly affect the heal…

40A:26B-3 Definitions relative to stormwater utilities. 3. As used in sections 1 through 18 of P.L.2019, c.42 (C.40A:26B-1 et seq.): "Authority" means a county or municipal sewerage authority established pursuant to P.L.1946, c.138 (C.40:14A-1 et seq.), a county or municipal util…

40A:26B-4 Governing body may establish stormwater utility. 4. a. The governing body of any county or municipality may, by resolution or ordinance, as appropriate, establish a stormwater utility for the purposes of acquiring, constructing, improving, maintaining, and operating sto…

40A:26B-5 Establishment of stormwater utility by municipal authorities. 5. a. The governing body or bodies of one or more municipalities that have established a municipal sewerage authority pursuant to P.L.1946, c.138 (C.40:14A-1 et seq.) or a municipal utilities authority pursua…

40A:26B-6 Establishment of stormwater utility by county authorities. 6. a. The governing body of any county that has established a county sewerage authority pursuant to P.L.1946, c.138 (C.40:14A-1 et seq.), a county utilities authority pursuant to P.L.1957, c.183 (C.40:14B-1 et s…

40A:26B-7 Shared services agreement for stormwater management system. 7. a. The governing bodies of any two or more municipalities may, pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et al.), enter into a shared services agreement to provide for the construction, improv…

40A:26B-8 Collections of fees and charges. 8. a. Any county, municipality, or authority that establishes a stormwater utility pursuant to P.L.2019, c.42 (C.40A:26B-1 et al.) may charge and collect reasonable fees and other charges to recover the stormwater utility's costs for sto…

40A:26B-9 Unpaid fees, charges. 9. In the event that a stormwater utility fee or charge of any county, municipality, or authority with regard to any parcel of real property is not paid when due: a. interest shall accrue and be due to the county or authority on the unpaid balance …

40A:27-1. Short title This chapter shall be known and may be cited as the "Municipal and County Flood Control Financing Act." Source: C. 40:23-34 (P.L. 1977, c. 333, s. 1). L. 1987, c. 179, s. 1.

40A:27-10. Finding of need for financing cost of construction of flood control facilities by local improvement assessments; procedures; notice of intention; public hearing If the governing body of a local unit determines that public necessity and interest require the cost of cons…

40A:27-11. Adoption of resolution or ordinance After the hearing, if the governing body of a local unit decides to carry out the local improvements, it shall pass a resolution or ordinance, as the case may be, to proceed to make the local improvements. Source: C. 40:23-41 (P.L. 1…

40A:27-12. Assessments on lands specially benefited; procedures; notice Upon the completion of the local improvements, the governing body of a local unit shall assess the costs and expenses of the flood control facility on the lands and improvements situated within that unit whic…

40A:27-13. Payment of assessment in installments by owner of assessed real estate The governing body of a local unit may by resolution or ordinance, as the case may be, permit the owner of real estate upon which an assessment for an improvement has been made to pay the assessment…

40A:27-14. Sale of property by local unit for arrearages in assessments, interest or other charges When any unpaid assessment, interest thereon or other charges for collection thereof remains in arrears on July 1 of the calendar year following the calendar year when the assessmen…

40A:27-15. Contracts with other local units for provision of flood control facilities, etc. A local unit may negotiate and enter into contracts with other local units for the provision of flood control facilities located within or without the boundaries of the local unit pursuant…

40A:27-16. Issuance of bonds to pay costs of provision of flood control facilities; payment of costs in annual installments, etc. If a contractor, pursuant to a contract with a contracting local unit, constructs, acquires or improves a flood control facility the contractor may ei…

40A:27-17. Powers of local unit re contract with another local unit A local unit with which another local unit is authorized to contract under the terms and provisions of this chapter shall have the power, by ordinance or resolution, as the case may be, duly adopted by its govern…

40A:27-18. Investments; exemption from taxation Notwithstanding any restriction contained in any other law, the State and all public officers, municipalities, counties, political subdivisions and publicˆbodies, and agencies thereof, all banks, bankers, trust companies, savings ba…

40A:27-19. Payments by contracting local unit; default; interest The chief fiscal officer of each contracting local unit which enters into a contract pursuant to this chapter, shall cause to be paid to the contractor, at the times agreed upon, the amount of money certified to the…

40A:27-2. Purposes The Legislature finds and declares that it is in the public interest for the State to foster and promote, by all reasonable means, the relief of persons and property from the adverse effects of uncontrolled storm water drainage and the conditions of flooding. I…

40A:27-20. Construction of chapter This chapter shall not be construed to relieve a local unit of any obligation to seek and obtain various permits and other approvals from the Department of Environmental Protection as required by law for these projects and to comply with any oth…

40A:27-21. Continuation of county and municipal obligations Any debt, liability or obligation incurred by any county or municipality pursuant to any section of law which is repealed pursuant to this act shall not in any manner be diminished by the provisions of this act. L. 1987,…

40A:27-3. Definitions As used in this act: "Contracting local unit" means a local unit which enters into a contract with another local unit for the construction, maintenance, improvement, acquisition or financing of a flood control facility for its own use; "Contractor" means a l…

40A:27-4. Finding of need for acquisition, construction, financing, improvement, maintenance and operation of flood control facility by local unit; notice to affected parties and to State; contents of notice, etc. The governing body of a local unit may acquire, construct, finance…

40A:27-5. Adoption of resolution or ordinance Upon the completion of this basinwide or subbasinwide analysis and after consideration of the responses of concerned parties, the governing body of a local unit may adopt a resolution or ordinance, as the case may be, to acquire, cons…

40A:27-6. Powers of local unit A local unit is authorized: a. To purchase, construct, improve, extend, enlarge or reconstruct flood control facilities within or adjacent to that local unit either alone or jointly with other local units and to operate, manage, maintain and control…