Title 40A, MUNICIPALITIES AND COUNTIES

40A:31-1. Short title This act shall be known and may be cited as the "County and Municipal Water Supply Act." L.1989,c.109,s.1.

40A:31-10 Rates, rentals, and other charges for water supply services. 40A:31-10. a. After the commencement of operation of water supply facilities, the local unit or units may prescribe and, from time to time, alter rates or rentals to be charged to users of water supply service…

40A:31-10.1 Establishment of rates, schedules by local unit operating water supply facility. 7. Any local unit operating a county or municipal water supply facility may establish within its district rates or schedules which provide for a reduction, deferment, without accruing int…

40A:31-11. Connection fees In addition to rates and rentals, a separate charge in the nature of a connection fee or tapping fee for each connection of any property with the water supply system may be imposed upon the owner or occupant of the property so connected. The connection …

40A:31-11.1 Additional fees for municipally-operated water supply system. 10. a. For a property connected to the water supply system for less than 20 years, a local unit operating a county or municipal water supply facility may charge an additional connection or tapping fee for a…

40A:31-11.2 Credit toward connection, tapping fee for certain water supply facilities. 11. a. A local unit operating a county or municipal water supply facility shall provide a credit applicable toward a connection or tapping fee to be charged for a reconnection of a disconnected…

40A:31-11.3 Reduction in fees for locally-run water supply facility. 12. a. A local unit operating a county or municipal water supply facility shall establish within its rates or schedules a 50% reduction in the connection fee or tapping fee assessed pursuant to N.J.S.40A:31-11 f…

40A:31-12 Rates, rentals, connection fees, or other charges as lien on real property; discontinuance of service. 40A:31-12. a. Rates, rentals, connection fees or other charges levied in accordance with N.J.S.40A:31-10 and 40A:31-11, shall be a first lien or charge against the pro…

40A:31-13. Improvements financed by means of local improvement assessments If the governing body of one or more local units determines that all or any part of the cost of construction of water supply facilities acquired or constructed pursuant to this act should be financed by lo…

40A:31-14. Local improvement assessments; procedures for and manner of assessment and collection Upon completion of the improvements made pursuant to N.J.S.40A:31-13, the governing body or governing bodies shall assess the costs and expenses of the water supply facilities on the …

40A:31-15. Bonds issued by one or more units; debt service payments A local unit, pursuant to an agreement with one or more other local units or the State, may bear the entire cost of the acquisition or construction of water supply facilities and issue bonds therefor, or may shar…

40A:31-16. Water facilities deemed a self-liquidating purpose under certain circumstances a. Principal and interest payments on bonds issued in accordance with subsection c. of N.J.S.40A:31-9 and operating and maintenance costs for the water supply facilities, shall not be includ…

40A:31-17. Payments by local unit to another local unit The chief fiscal officer of another government having entered into a contract pursuant to this act, shall cause to be paid to the local unit such amounts of money at such times as shall be stipulated in the contract and cert…

40A:31-18. Contracts entered into prior to appropriations therefor A local unit shall have the power to authorize, by resolution, officials to enter into and execute a contract pursuant to this act for such periods of time and under such terms and conditions as are deemed proper …

40A:31-19. Right of entry onto private property to make surveys and investigations; interference therewith A local unit or local units may authorize officials or other agents of the local unit or units to enter upon any land or water for the purpose of making surveys, studies, in…

40A:31-2. Legislative purpose The Legislature finds and declares it to be in the public interest and to be the policy of this State to foster and promote by all reasonable means the collection, storage and distribution of an adequate supply of water for the inhabitants and busine…

40A:31-20. Payments owing by private water companies A private water company or industry which shall have entered into a contract with a local unit or local units pursuant to this act, shall pay at such time as may be provided in the contract, the sum of money certified to it on …

40A:31-21. Municipal extension to water supply facilities of a public utility; financing of the extension; and its sale or lease A municipality in which water supply facilities are furnished by a private water company may, in accordance with the provisions of this act, provide fo…

40A:31-22. 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:31-23 Nonimpairment of obligations for provision of water supply services, facilities; BPU jurisdiction. 40A:31-23. a. Nothing contained in this act shall in any way impair the obligations previously assumed by any other public or private agency for the provision of water sup…

40A:31-24. Statutes repealed The following acts are repealed: P.L.1979, c.451 (C.40:14C-1 through 40:14C-15); R.S.40:62-47 through 40:62-59; R.S.40:62-62 through 40:62-95; and P.L.1981, c.497, s. 1-4 (C.40:62-61.2 through 40:62-61.5); and P.L.1975, c.184, s.1 (C.40:62-85.2). L.19…

40A:31-3 Definitions. 40A:31-3. As used in the "County and Municipal Water Supply Act," N.J.S.40A:31-1 et seq.: a. "Bonds" means bond anticipation notes or bonds issued in accordance with the "Local Bond Law," N.J.S.40A:2-1 et seq. b. "Cost" as applied to water supply facilities …

40A:31-4. Acquisition, construction or operation of water supply facilities by one or more local units A local unit may, either separately or in combination with one or more other local units, a private water company subject to regulation by the Board of Public Utilities as a pub…

40A:31-5 Powers. 40A:31-5. One or more local units adopting an ordinance or resolution in accordance with N.J.S.40A:31-4 are authorized and empowered: a. Alone or in combination with a private water company or the State, to acquire, construct, improve, extend, enlarge or reconstr…

40A:31-5.1 Residency requirements for employees of local unit operating certain water system. 4. Any ordinance, resolution, rule, regulation, order, or directive establishing, as may be permitted by law, a residency requirement for employees of a local unit operating a water syst…

40A:31-6. Surveys, maps and other costs; reimbursement from bond funds a. Whenever a local unit pursuant to N.J.S.40A:31-4 chooses to exercise powers granted hereunder, the local unit shall make or cause to be made such surveys, investigations, studies, borings, maps, plans, draw…

40A:31-7. 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 compensati…

40A:31-8. 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 def…

40A:31-9. Bonds and security therefor A local unit having adopted an ordinance or resolution pursuant to N.J.S.40A:31-4 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 water supply facilities. Proceeds from …

40A:60-1. Incorporation; Corporate Seal; Change of Name a. The inhabitants of each of the several boroughs are hereby continued as a body politic and corporate in law as heretofore constituted and established and shall be known by the name of "the borough of ......., in the count…

40A:60-2. Elected officers a. The mayor shall be elected by the voters of the municipality at large and serve for a term of four years and until his successor shall have qualified. b. (1) The council shall consist of six members, elected at large, and shall serve for a term of th…

40A:60-3. Organization, Officers; Meetings a. The mayor and council shall hold an annual meeting on the first day of January at 12 o'clock noon, or during the first seven days of January in any year. b. At its annual meeting, the council shall, by the vote of a majority of its nu…

40A:60-4. General Powers Every borough governed by the borough form of government pursuant to this act shall, subject to the provisions of this act or other general law, have full power to exercise all powers of local government in such manner as its council may determine. (Added…

40A:60-5. Powers of the Mayor a. The mayor shall be the head of the municipal government. b. The mayor shall have all those powers designated by general law. c. The mayor shall preside at meetings of the council and may vote to break a tie. d. Every ordinance adopted by the counc…

40A:60-6. Powers of the council Powers of the Council. a. The council shall be the legislative body of the municipality. b. The council may, subject to general law and the provisions of this act: (1) pass, adopt, amend and repeal any ordinance or, where permitted, any resolution …

40A:60-7. Miscellaneous a. The borough council may, by ordinance, delegate all or a portion of the executive responsibilities of the municipality to an administrator, who shall be appointed pursuant to N.J.S. 40A:9-136. b. The borough council may, by ordinance, adopt an administr…

40A:60-8. Statutes Repealed The following acts are hereby repealed: R.S. 40:86-1 to R.S. 40:86-5 R.S. 40:87-1 to R.S. 40:87-9 R.S. 40:87-14 to R.S. 40:87-16 R.S. 40:87-29 to R.S. 40:87-30 P.L.1939, c. 285, s. 1 (C. 40:87-30.1) P.L.1953, c. 424, s.s. 1 to 3 (C. 40:87-30.2 to C. 40…

40A:60-8.1. Continuation of certain borough boards 1. Any board of public works which was in existence at the time P.L.1987, c.379 was enacted in a municipality with a population greater than 12,500 but not more than 13,000 according to the 1980 federal decennial census, in a cou…

40A:61-1. Incorporation; Corporate Seal; Change of Name a. The inhabitants of each of the several cities are hereby continued as aˆbody politic and corporate in law as heretofore constituted and established and shall be known by the name of "the city of ........, in the county of…

40A:61-2. Elected Officers a. (1) The mayor shall be elected by the voters of the city at large and serve for a term of four years and until his successor shall have qualified; (2) Notwithstanding the provisions set out in paragraph (1) of subsection a. of this section, any city …

40A:61-3. General Powers Every city, governed by the city form of government, shall, subject to the provisions of this act or other general law, have full power to exercise all powers of local government in such manner as council may determine. L. 1987, c. 314, s. 1.

40A:61-4. Powers of the Mayor a. The mayor shall be the chief executive officer of the city. b. The mayor shall have all those powers designated by general law. c. The mayor may participate in any deliberation of the council and, on any occasion where the council is unable to agr…

40A:61-5. Powers of the Council a. The council shall be the legislative body of the municipality. b. The council may, subject to general law and the provisions of this act: (1) pass, adopt, amend and repeal any ordinance or, where permitted, any resolution for any purpose require…

40A:61-6. Organization of Council a. The city council shall hold an annual meeting on the first day of January at twelve o'clock noon, or during the first seven days of January in anyˆyear. b. At its annual meeting, the council shall, by the vote of a majority of its number, elec…

40A:61-7. Miscellaneous a. The municipality may, by ordinance, delegate all or a portion of the executive responsibilities of the municipality to an administrator, who shall be appointed pursuant to N.J.S. 40A:9-136. b. The municipality may, by ordinance, adopt an administrative …

40A:61-8. Statutes Repealed. The following acts are hereby repealed: P.L.1897, c. 30, s. 1 to 3 (R.S. 40:108-1(1) to R.S. 40:108-1(3)) P.L.1955, c. 176, s. 1 (C. 40:108-1(3.1)) P.L.1897, c. 30, s. 14 to 17 (R.S. 40:108-1(14) to R.S. 40:108-1(17)) P.L.1953, c. 304 (C. 40:108-1(17.…