Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:49-16. Hearing and notice; assessments proportionate to benefits After hearings held upon notice, in the manner provided in chapter 56 of this title (s. 40:56-1 et seq.), in case of assessment for benefits and awards for incidental damages where no lands are taken, they shall …

40:49-17. Assessors' report; filing Thereupon they shall, under their hands, make a report to the governing body of the municipality, certifying the facts ascertained as above required, the appraisements, estimates, determinations, awards and assessments made by them concerning t…

40:49-18. Filing of report; hearing; notice of hearing 40:49-18. Upon the receipt of the report by the governing body, the same shall be filed by it, and it shall then, or at a subsequent regular meeting, fix a time and place when and where it will meet to consider all objections…

40:49-19. Publication; notice mailed to owners The publication of the ordinance and notice shall be at least ten days prior to the time fixed for the consideration of said report and the further consideration of the said ordinance for final passage. At least one week prior to the…

40:49-2. Procedure for passage; "governing body" defined 40:49-2. Except as otherwise provided in R.S.40:49-6 and 40:49-12, the procedure for the passage of ordinances shall be as follows: a. Every ordinance after being introduced and having passed a first reading, which first re…

40:49-2.1. Land use ordinances; publication; transmittal to tax assessor In the case of any ordinance adopted pursuant to the "Municipal Land Use Law," P.L.1975, c. 291 (C. 40:55D-1 et seq.), including any amendments or supplements thereto, or revisions or codifications thereof, …

40:49-20. Hearing to persons interested At the time and place so stated in such publication, or at any time and place to which the meeting or the further consideration of the ordinance, map and report, shall from time to time be adjourned, all persons interested shall be given an…

40:49-21. Awards for damages readjusted; ordinance amended At the time and place so stated, or at any adjourned meeting thereof, the governing body shall consider and adjudicate upon all objections filed in writing as hereinbefore in this article provided, and may proceed to corr…

40:49-22. Corrections to report; entry on minutes; certification Any corrections made to the report shall be entered in full on the minutes of the governing body and a copy thereof, certified to by the clerk of the governing body, shall be appended to the report of the officer or…

40:49-23. Republication of ordinance At least two days prior to the time fixed for the further consideration for final passage of the ordinance, it shall be again published.

40:49-24. Objections to street improvement; passage over objections No such local improvement shall be undertaken by any municipality where objections thereto in writing are filed with the municipal clerk, before the final passage of the ordinance, by the owners of two-thirds in …

40:49-25. Review Within ten days after the final passage of such ordinance the persons filing the objection provided in section 40:49-24 of this Title may obtain a review of the determination of the governing body, as to the public necessity of such improvement, by a judge of the…

40:49-26. Procedure after passage of ordinance When the procedure of this article shall have been adopted, all benefits shall be assessed, appeals taken, and other procedure had in accordance with the provisions of sections 40:56-43 to 40:56-47 of this title.

40:49-27. Debt-authorization referendum procedure Any ordinance authorizing the incurring of any indebtedness, except for current expenses, shall become operative 20 days after the publication thereof after its final passage, unless within those 20 days a protest against the incu…

40:49-27a. Signatures The signatures to a petition circulated pursuant to R.S. 40:49-27 need not all be appended to one paper, but each signer shall add after his signature his place of residence, giving the street and number. One of the signers of each paper shall make an oath b…

40:49-27b. Certification of petition Within 10 days after the filing of the petition, the municipal clerk shall examine the same and ascertain whether or not it is signed by the requisite number of qualified voters, and shall attach its certificate showing the result of the exami…

40:49-27c. Notice of election. If the ordinance is to be submitted to the voters, notice of the election shall be published at least once in a newspaper published in the municipality or, if there is no such newspaper, in a newspaper published in the county and circulating in the …

40:49-3. Ordinances in effect in 1917 unaffected L.1917, c. 152, Art. X, s. 2, p. 345 (1924 Suppl. s. *136-1002), being section 2 of Article X of an act entitled "An act concerning municipalities," approved March twenty-seventh, one thousand nine hundred and seventeen, saved from…

40:49-4. Revision and codification of ordinances 40:49-4. The governing body may provide, from time to time, for the revision and codification of its ordinances. Where there are two or more bodies in any municipality having power to pass ordinances, the body having charge of the …

40:49-5 Penalties for violations of municipal ordinances. 40:49-5. The governing body may prescribe penalties for the violation of ordinances it may have authority to pass, by one or more of the following: imprisonment in the county jail or in any place provided by the municipali…

40:49-5.1. Enactment of code by reference Any municipality may enact, amend or supplement ordinances, establishing, amending or supplementing rules and regulations affecting the construction, reconstruction or repair of buildings, ordinances for fire prevention and ordinances est…

40:49-5.2. Publication of rules and regulations unnecessary, when It shall not be necessary to publish any such rules and regulations, so to be adopted, as part of said ordinance, notwithstanding that a printed copy thereof is annexed thereto, either before or after the final pas…

40:49-5.3. Copy of code annexed to ordinance considered part of ordinance For the purpose of proof of any such ordinance or the receipt thereof in evidence in all courts and places, such copy of said code, so marked and so annexed to such ordinance, shall be construed to be part …

40:49-6. Publication and notice Every ordinance providing for local improvements authorized by articles one and two of chapter fifty-six of this Title (s. 40:56-1 et seq.), or providing that all or a part of the cost of any work, acquisition of property, or improvement shall be a…

40:49-7. Objections to improvement; passage over protest No local improvement shall be undertaken by any municipality where objections thereto in writing are filed with the clerk of the governing body before the final passage of the ordinance providing for such improvement, by th…

40:49-8. Review The person or persons filing such objections may, however, within ten days after the passage of such ordinance, obtain a review of the determination of the governing body as to the public necessity of such improvement, by a judge of the Superior Court, in the coun…

40:49-9. When operative; objections to passage; referendum and notice thereof Any ordinance authorizing any improvement shall become operative ten days after the publication thereof after its final passage, unless within said ten days a protest against making the improvement shal…

40:50-14. Water supply and sewerage contracts; abrogation by ordinance Whenever any municipality has heretofore or shall have hereafter entered into a contract for a supply of water for the public and private uses of the municipality and its inhabitants and for the purchase of a …

40:50-15. Purchases approved by voters If the question of making the purchase provided for by the contract to be abrogated had been submitted to the voters of the municipality for approval or ratification then, and in that event, the ordinance providing for the abrogation of said…

40:50-16 Host community benefit agreements. 75. Host community benefit agreements between a municipality and an electric generating facility within the municipality shall be of full force and effect under law and shall be binding upon the parties to the agreement. L.1997,c.162,s.…

40:52-1 Power to license and regulate. 40:52-1. The governing body may make, amend, repeal and enforce ordinances to license and regulate: a. All vehicles used for the transportation of passengers, baggage, merchandise, and goods and chattels of every kind, and the owners and dri…

40:52-1.1. Proof of compliance with section 34:15-71 required; revocation of license for failure The governing body shall not issue or authorize the issuance of a license for circuses, carnivals or other traveling shows to be conducted out of doors or under tents and not in a lic…

40:52-1.2. Delinquent property taxes; revocation, suspension of license 1. Except as provided herein, the governing body of a municipality may, by ordinance, as a condition for the issuance or renewal of any license or permit issued by, or requiring the approval of, the municipal…

40:52-1.3. Sales tax certificate required for licensing of certain vendors 2. The governing body of a municipality shall not issue or authorize the issuance of a license to a vendor of tangible personal property, other than property exempted from sales and use taxation pursuant t…

40:52-10 Licensing of rooming, boarding houses. 2. The governing body of a municipality may, by ordinance, elect to license rooming and boarding houses located in the municipality in accordance with the provisions of this act. The governing body of a municipality that elects to l…

40:52-11. Operation of rooming, boarding house, license required 3. a. Except as provided in subsection b. of this section, no rooming or boarding house shall hereafter be located or operated in any municipality which elects to license such facilities except upon premises license…

40:52-12. Application for license; fees 4. a. Application for a license under this act shall be made by the owner to the appropriate licensing authority. The application shall be in such form, and shall contain such information and declarations and be accompanied by such applicat…

40:52-13 Conditions for licensure. 5. It shall be the duty of the licensing authority to receive applications made pursuant to section 4 of this act and to conduct such investigations as may be necessary to establish: a. With respect to the premises for which a license is sought …

40:52-14. Conditions for refusing license, public hearing 6. a. In conducting its investigations pursuant to section 5 of this act, a licensing authority shall hold a public hearing, at which the applicant, the operator or proposed operator and all other parties in interest inclu…

40:52-15. Issuance, renewal of license 7. a. After the public hearing pursuant to section 6 of this act, the licensing authority shall determine, in accordance with the requirements under section 5 and, when appropriate, section 6 of this act, whether to grant the license. A lice…

40:52-16 Revocation, non-renewal of license. 8. a. A licensing authority may revoke or refuse to renew a license granted under this act for any of the following reasons: (1) A finding that there was any misstatement of material fact in the application upon which the license was i…

40:52-17. Refusal to grant, renew license; appeal 9. Upon determination by a licensing authority to refuse the granting or renewal of a license, or to revoke a license, the licensee affected shall be entitled to appeal to the Commissioner of Community Affairs for a review of that…

40:52-18. Licensing authority, establishment of rooming and boarding house site licensing board 10. a. In a municipality of less than 20,000 population, the licensing authority shall be the governing body of the municipality. b. In a municipality of more than 20,000 population, t…

40:52-19 No license or permit required for an occasionally operated business by individual under 18 years of age. 1. A municipality shall not require a license or permit for a business that is operated only occasionally and by an individual who is under 18 years of age. L.2021, c…

40:52-2. License fees fixed; penalties The governing body may fix the fees for all such licenses, which may be imposed for revenue, and may prohibit all unlicensed persons and places and vehicles, businesses and occupations from acting, being used, conducted or carried on; impose…

40:52-4. Licensing persons selling produce at public markets; fee for producers A municipality may impose a license fee upon any person selling vegetables, green goods, farm produce, shrubbery, plants, bulbs, or products of the nursery or farm in any common or public market place…