Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:56-13.2 Amounts of money to be expended for improvements established. 3. a. Upon application to and approval by the Director of Local Government Services in the Department of Community Affairs, the governing body of a municipality may establish the amounts of money to be expen…

40:56-14. General appropriations; contents of ordinance or resolution The governing body may make general appropriations for a particular class of work or for any combination of classes of work set out in this article and the money so appropriated may be expended for such work or…

40:56-15. Completion of improvements already begun L.1917, c. 152, Art. XX, s. 52, p. 396, 1924 Suppl. s. 136-2052; section 52 of Article XX of an act entitled "An act concerning municipalities," approved March twenty-seventh, one thousand nine hundred and seventeen, as amended b…

40:56-16. Choice of paving materials; advertisement for bids; hearing The governing body, in any ordinance for the paving of a street or highway, may designate two or more kinds of material to be used, and may advertise for proposals for the work of making such improvement with e…

40:56-17. Joint municipal improvements; agreement; contracts with county Any two or more municipalities may unite in undertaking any one or more of the works mentioned in this article as a local or general improvement. One or more municipalities may unite with a county in the und…

40:56-18. Notice of intention to make contract If any such work is to be undertaken as a local improvement, notice of the intention of any governing body to consider any ordinance authorizing the execution of a contract therefor and the doing of the work contemplated therein, and…

40:56-19. Apportionment of cost; assessments for benefits; procedure If such contract is authorized and executed the work shall proceed as provided therein. Upon the completion of such work if undertaken as a local improvement, the governing body of each municipality party to the…

40:56-2. Connecting streets with streets in adjoining municipality; considered a local improvement Whenever the governing body of a municipality may deem it advantageous to lay out, open and construct a public street or highway through such municipality into and through an adjoin…

40:56-20. Abandonment of improvement; reimbursement of costs to participants When a municipality shall abandon a proposed improvement, or repeal the improvement ordinance, it shall make payment to owners and other parties who appeared in the proceedings, of their reasonable costs…

40:56-20.1. Limitation on proceedings to review or restrain ordinance No action or proceeding for injunctive or other relief shall be commenced to restrain or review an ordinance for any improvement after the contract therefor shall have been awarded. Amended by L.1953, c. 37, p.…

40:56-21. Assessments; by whom made; board of assessments All assessments for benefits for local improvements under this chapter shall be made by the officer or board charged with the duty of making general assessments of taxes in the municipality, except where there is provided …

40:56-22. Assessment commissioners; when necessary; appointment Where no such board is provided for by law or by such ordinance, the governing body, upon the completion of any local improvement, may appoint by resolution three discreet freeholders, residents of the municipality, …

40:56-23. Assessment officer or members of board or commission; oath; vacancies; compensation The officer or members of the board or commissioners charged with the duty of making assessments for benefits under this chapter shall, before the commencement of their duties, be sworn …

40:56-24. Costs certified to assessors; contents of statement; contributions; total assessment Upon the completion of any local improvement the body in charge thereof shall immediately notify the officer, board or commissioners whose duty it is to make the assessment for benefits…

40:56-25. Assessors to view improvement; notice of hearing The officer, board or commissioners charged with the duty of making assessments for benefits for the improvement shall, when notified of its completion, examine the work and view all lands and real estate upon the line an…

40:56-26. Hearing; quorum; amount of assessments determined The officer, board or commissioners making the assessment shall attend at the time and place appointed, and shall give all parties interested or affected by the improvement ample opportunity to be heard upon the subject …

40:56-27. Assessments proportionate to benefits; not to exceed benefits All assessments levied under this chapter for any local improvement shall in each case be as nearly as may be in proportion to and not in excess of the peculiar benefit, advantage or increase in value which t…

40:56-28. Incidental damages; amount determined and deducted; damages exceeding benefits; appeal Except as provided in article 4 of this chapter (s. 40:56-58 et seq.), as to cities of the first class, in addition to the making of assessments for benefits the said officer, board o…

40:56-29. Incidental damages; award tendered; payment into court in certain cases When the owners of any property have been or shall have been awarded damages as incidental to any improvement, as distinguished from damages for land taken, under this subtitle, and such award has b…

40:56-3. Improvement at request and expense of petitioners; improvement by owners; cash deposit The governing body of a municipality may undertake any improvement mentioned in this chapter at the request of a number of petitioners who shall agree to pay the cost of the improvemen…

40:56-30. Report of assessors; hearing; final report; confirmation; appeal Except as provided in article 4 of this chapter (s. 40:56-58 et seq.) as to cities of the first class, assessments for benefits for local improvement together with any accompanying awards for incidental da…

40:56-31. Duty of collector; books and records Except as provided in article 4 of this chapter (s. 40:56-58 et seq.) as to cities of the first class, immediately after the confirmation of any assessment a duplicate thereof duly certified by the clerk of the body confirming the sa…

40:56-32. Interest on unpaid assessments When any assessment shall not be paid within two months after the date of confirmation thereof interest thereon from the date of confirmation shall be imposed at the same rate as may be imposed upon unpaid taxes in the municipality.

40:56-33 Assessment as continuous lien; informalities not to invalidate proceedings. 40:56-33. Except as provided in article 4 of this chapter (s. 40:56-58 et seq.) as to cities of the first class, every assessment for local improvements together with interest thereon and all cos…

40:56-34. Assessment set aside; new assessment a lien; refund In all cases where any assessments for benefits incident to any improvement shall be set aside by a court of competent jurisdiction and the improvement shall have been actually made in the manner provided by law the of…

40:56-35 Assessments, payment in installments; delinquent installments. 40:56-35. The governing body may by resolution provide that the owner of any real estate upon which any assessments for any improvement shall have been made may pay such assessments in such equal yearly or qu…

40:56-36. Separate account for assessments; sinking fund All assessments as collected shall be immediately placed in an account to be known as "local improvement assessment account" . Such moneys shall be used only to pay indebtedness incurred for such improvements whether by tem…

40:56-37. Municipality to pay excess over assessments; taxation to meet excess; report to auditor Where the total amount of the assessments does not equal the cost of an improvement the difference between the cost of the improvement and the amount of the assessment shall be paid …

40:56-38. Assessments for benefits not affected by annexation or consolidation The annexation of the whole or a portion of a municipality to another municipality, or the consolidation of two or more municipalities, shall not affect the making of assessments for benefits or damage…

40:56-39. Mortgaged lands officially held treated as other property All real estate that may be or may have been mortgaged to or owned by any officer of this state in his official capacity, mortgaged to or owned by any official or person appointed by any court or in any judicial …

40:56-4. Rejection of ordinance; new ordinance If any ordinance providing for any local improvement as defined by this article is rejected such rejection shall not be reconsidered and the ordinance thereafter passed, but a new ordinance in the same or other terms may at any time …

40:56-40. Limitation on proceedings to restrain or review assessment or award No action or proceeding for injunctive or other relief shall be commenced to restrain or review an assessment or award made for any improvement, after thirty days shall have elapsed from the date of the…

40:56-41. Former actions not impaired L.1921, c. 195, s. 6, p. 515 (1924 Suppl. s. 136-2058), being section six of an act entitled "An act to further amend an act entitled "An act concerning municipalities,' approved March twenty-seventh, one thousand nine hundred and seventeen,"…

40:56-41.1. Farmland or other open space defined As used in this act "farmland or other open space" means lands devoted to agricultural use which are qualified for assessment for property tax under the "Farmland Assessment Act of 1964" (C. 54:4-23.1 et seq.). L.1975, c. 341, s. 1…

40:56-41.2. Deferral of payment of assessment against farmland or other open space; exception; duration of deferral; interest a. When all or part of the cost of the installation of a local improvement, as defined in R.S. 40:56-1 is assessed against the lands benefited thereby, pa…

40:56-41.3. Lien; filing of record A record to the effect that the land is subject to the lien of a deferred local improvement assessment shall be filed and maintained in the office of the tax collector or other officer responsible for maintenance of the record of municipal liens…

40:56-41.4. Nonenlargement of time of appeal due to deferral Deferment of payment of a local improvement assessment pursuant to this act shall not enlarge the time within which the owner of the land may appeal from the levy of the assessment. L.1975, c. 341, s. 4, eff. March 3, 1…

40:56-41.5. Burden of cost of local improvement subject to deferral by municipality The costs of local improvements as to which payment of an assessment by the owner of the land is deferred pursuant to this act shall be borne by the municipality as in the case of a general improv…

40:56-42. Power of assessment When proceedings have been commenced under this subtitle by a municipality for laying out, opening, or establishing a new street, road, avenue, alley, or other public highway, or portion thereof, or widening, straightening, extending, altering, or ch…

40:56-43. Proceedings deemed a local improvement; procedure in certain cases Whenever proceedings have been commenced under article 4 of chapter 49 of this title (s. 40:49-13 et seq.), for any or all of the works set forth therein and the municipality has become vested with the t…

40:56-44 Benefits exceeding award and vice versa; excess a lien. 40:56-44. Whenever, by the report and map of the officer or board charged with the duty of making assessments for benefits for local improvements in the municipality as confirmed by the governing body, it shall appe…

40:56-45. Payment of award; payment into court in certain cases When any award made under sections 40:56-43 to 40:56-47 of this Title is confirmed by the governing body the amount thereof, less deductions for assessments, as ascertained in section 40:56-44 of this Title shall pro…

40:56-46. Title to vest in municipality upon payment; copy of award recorded; map filed Upon the acceptance of any such award or payment of the same into the Superior Court, title to such real estate or interest therein shall vest in the municipality, which may thereupon enter up…

40:56-47. Appeal from award; procedure Any owner or owners of real estate taken for such improvement, or of any interest in such real estate, may appeal, from the amount awarded, to the Superior Court, at any time within thirty days after the confirmation, by the governing body, …

40:56-48. Contracts with county for road improvements; assessments for benefits Whenever any municipality shall enter into a contract under any law with the board of chosen freeholders of the county wherein such municipality is situated for the permanent improvement and maintenan…

40:56-49. Improvement of streets part of highway Any municipality may undertake as a local or general improvement the improvement and paving for its entire width from gutter to gutter of any street or highway or any portion thereof proposed to be improved or heretofore improved, …