Title 40A, Title 40A: MUNICIPALITIES AND COUNTIES

40A:62-4 General Powers. Every town, governed by the town 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 council may determine. (Source: P.L.1…

40A:62-5. Powers of the mayor 40A:62-5. a. The councilman-at-large shall be officially known and designated as the mayor of . . . . . . . . . . . . . (the name of the town in which he is elected). He shall be so designated in all official documents and instruments of every kind, …

40A:62-6 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 required…

40A:62-7. Miscellaneous a. The town 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 town council may, by ordinance, adopt an administrative c…

40A:62-8. Statutes Repealed. The following acts are hereby repealed: P. L. 1981, c. 427, s. 8 (C. 40:123-6.1) R. S. 40:123-9 R. S. 40:124-1 to R. S. 40:124-3 R. S. 40:125-1 to R. S. 40:125-5 P. L. 1981, c. 427, s. 9 (C. 40:125-4.1) R. S. 40:125-11 to R. S. 40:125-12 R. S. 40:125-…

40A:63-1. Incorporation a. The inhabitants of each of the several townships 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 township of ........................, in the county of ........…

40A:63-2. Elected Officers a. (1) The elected officers of every township shall be the members of the township committee, as hereinafter prescribed; (2) All elected officers shall be residents of the township and their terms of office shall begin on January 1 next succeeding their…

40A:63-3. Organization of the Township Committee a. The township committee shall consist of three or five members who shall hold office for a term of three years. b. Notwithstanding the provisions set out in subsection a. of this section, a township that has been divided into war…

40A:63-4. General Powers Every township, governed by the township 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 committee may determine. …

40A:63-5. Powers of the Mayor a. The mayor shall be the chairman of the township committee and head of the municipal government. In those townships divided into wards the mayor shall be the member of the township committee elected at large. b. The mayor shall have all those power…

40A:63-6. Powers of the Committee a. The committee shall be the legislative body of the municipality. b. The committee 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 re…

40A:63-7. Miscellaneous a. The township committee may, by ordinance, delegate all or a portion of the executive responsibilities of the municipality to an administrator, who shall be appointed pursuant to chapter 9 of Title 40A of the New Jersey Statutes (40A:9-136). b. The towns…

40A:63-7.1. Assistant municipal administrator, office created by township 1. a. The governing body of any township, by ordinance, may create the office of assistant municipal administrator. The primary function of the assistant municipal administrator shall be to assist in the ad…

40A:63-8. Villages a. Any village heretofore incorporated under, or which shall have heretofore adopted the provisions of the act entitled "An act for the formation and government of villages", approved the 23rd day of February, 1891, or which shall hereafter be governed by the p…

40A:63-8.1. Assistant municipal administrator, office created by village 2. a. The governing body of any village, by ordinance, may create the office of assistant municipal administrator. The primary function of the assistant municipal administrator shall be to assist in the admi…

40A:63-9. Statutes Repealed The following acts are hereby repealed: R.S.40:95-1 to R.S.40:95-6 R.S.40:96-1 to R.S.40:96-10 R.S.40:97-1 to R.S.40:97-8 P.L.1939, c.182, s. 1 (C.40:97-9) R.S.40:98-1 to R.S.40:98-3 R.S.40:99-1 R.S.40:99-3 R.S.40:100-1 to R.S.40:100-7 R.S.40:101-1 to …

40A:64-1. Certain Sunday sales prohibited 14. a. On Sunday, it shall be unlawful for any person whether it be at retail, wholesale or by auction, to sell, attempt to sell or offer to sell or to engage in the business of selling clothing or wearing apparel, building and lumber sup…

40A:64-2. Referendum prohibiting Sunday sales in county 15. a. Section 14 of P.L.1999, c.90 (C.40A:64-1) prohibiting Sunday sales shall not become operative in any county unless the voters of the county have determined by referendum held pursuant to this section or its predecesso…

40A:64-3. Referendum prohibiting Sunday sales in city 16. a. If in any city of the first class located within any county in which, by referendum of the voters Sunday sales are prohibited, a petition is filed with the city clerk signed by not less than 2,500 registered voters of t…

40A:64-4. Municipality may prohibit Sunday sales by referendum 17. In a county that has approved Sunday sales by referendum, any municipality in that county which voted to prohibit Sunday sales at that referendum may by municipal referendum and pursuant to R.S.40:45-3 submit to t…

40A:64-5. Definitions relative to Sunday sales 18. a. As used in this section: (1) "Fundraising event" means a planned, scheduled activity which has as its main purpose the generating of money to be used for any educational purposes benefiting students including, but not limited …

40A:65-1 Short title. 1. Sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35) shall be known and may be referred to as the "Uniform Shared Services and Consolidation Act." L.2007, c.63, s.1.

40A:65-10 Approval of award of contract. 10. In the event that any authority, board, commission, district, joint meeting, regional service agency, or other body created by one or more local units proposes to enter into a contract under sections 1 to 37 of P.L.2007, c.63 (C.40A:65…

40A:65-11 Employment reconciliation plan included in agreement; conditions. 11. a. When a local unit contracts, through a shared service, joint meeting, or regional service agency to have another local unit, joint meeting , or regional service agency provide a service it is curre…

40A:65-12 Provision of technical advice by Public Employment Relations Commission. 12. The Public Employment Relations Commission is specifically authorized to provide technical advice, pursuant to section 12 of P.L.1968, c.303 (C.34:13A-8.3), and mediation services to integrate …

40A:65-13 Construction of power to share services. 13. It is the intent of the Legislature to facilitate and promote shared service agreements, and therefore the grant of power under sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35) is intended to be as bro…

40A:65-14 Joint contract for joint meeting, regional services agency for public services. 14. a. The governing bodies of any two or more local units may enter into a joint contract, for a period not to exceed 40 years, to provide for the formation of a joint meeting or regional s…

40A:65-15 Joint meeting, regional service agency deemed body corporate and politic; local unit; powers. 15. a. A joint meeting or regional service agency is a public body corporate and politic constituting a political subdivision of the State for the exercise of public and essent…

40A:65-16 Provisions of joint contract. 16. a. The joint contract shall provide for the operation of the public services, public improvements, works, facilities, or undertakings of the joint meeting or regional service agency, for the apportionment of the costs and expenses of op…

40A:65-17 Preservation of seniority, tenure, pension rights of law enforcement officers. 17. a. Whenever the governing bodies of two or more local units enter into a joint contract for the joint operation of law enforcement services within their respective jurisdictions, the cont…

40A:65-18 Applicability of terms of existing contracts. 18. a. When a joint meeting or regional service agency merges bargaining units that have current contracts negotiated in accordance with the provisions of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.…

40A:65-19 Employment reconciliation plan; provisions. 19. a. When a local unit agrees to participate in a joint meeting or regional service agency that will provide a service that the local unit is currently providing itself through public employees, the agreement shall include a…

40A:65-2 Findings, declarations relative to shared services and consolidation. 2. The Legislature finds and declares: a. Historically, many specialized statutes have been enacted to permit shared services between local units for particular purposes. b. Other laws, permitting a va…

40A:65-20 Constitution, appointment of management committee. 20. a. The joint contract shall provide for the constitution and appointment of a management committee to consist of at least three members, of which one shall be appointed by the governing body of each of the local uni…

40A:65-21 Apportionment of operating costs by management committee. 21. The cost of acquiring, constructing, and operating any public improvements, works, facilities, services, or undertakings, or any part thereof, as determined by the management committee, shall be apportioned a…

40A:65-22 Certification of costs and expenses by management committee. 22. The management committee, not later than November 1 of each year, shall certify to the participating local units the total costs and expenses of operation, other than acquisition and construction costs, of…

40A:65-23 Termination of joint contract. 23. The joint contract shall be terminated upon the adoption of a resolution to that effect by the governing bodies of two-thirds of the local units then participating; except that if only two local units are then participating, adoption o…

40A:65-24 Existing joint meeting, public school jointure unaffected. 24. Any joint meeting or public school jointure formed under a previous law is continued and shall be governed under the provisions of sections 1 through 35 of P.L.2007, c.63 (C. 40A:65-1 through C.40A:65-35). L…

40A:65-25 Findings, declarations relative to municipal consolidation. 25. a. The Legislature finds and declares that in order to encourage municipalities to increase efficiency through municipal consolidation for the purpose of reducing expenses borne by their property taxpayers,…

40A:65-26 Required information included in Municipal Consolidation Study Commission reports. 26. a. A consolidation plan or report of a Municipal Consolidation Study Commission shall include the provisions of sections 16 and 24 of P.L.1977, c.435 (C.40:43-66.50 and 40:43-66.58), …

40A:65-27 Creation of task force to facilitate consolidation. 27. a. Once a consolidation has been approved by the affected municipal governing bodies or voters, the division shall create a task force of State departments, offices and agencies, as it deems appropriate, and repres…

40A:65-28 Equalization of property assessments for apportionment of taxes. 28. a. If a revaluation of property for the consolidated municipality is not implemented for the first local budget year of the consolidated municipality, then the assessments on the properties owned by th…

40A:65-29 Construction of law on consolidation appeals. 29. The provisions of sections 1 to 37 of P.L.2007, c.63 (C.40A:65-1 et al.) shall be liberally construed to effectuate the intention of sections 25 through 28 of P.L.2007, c.63 (C.40A:65-25 through C.40A:65-28). The board i…

40A:65-3 Definitions relative to shared services and consolidation. 3. As used in sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35): "Board" means the Local Finance Board in the Division of Local Government Services in the Department of Community Affairs. "…

40A:65-3.1 "Joint meeting" deemed to refer to a "regional service agency." 1. Whenever the term "joint meeting" as defined in section 3 of P.L.2007, c.63 (C.40A:65-3), and which powers and authority are set forth in section 7 of P.L.1960, c.3 (C.40:48B-2.1) and section 15 of P.L.…

40A:65-30 "Sharing Available Resources Efficiently (SHARE)" program established. 30. a. A local unit that plans to study the feasibility of a shared service agreement, joint contract, or municipal consolidation may apply to the director for grants or loans to fund the study, incl…