Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:67-23. Return of taxes paid on certain streets Whenever a tract of land shall be mapped and laid out by the owner showing lots and a street or streets on such lands and the map has been placed on file in the office of the county clerk or of the register of deeds of the county …

40:67-23.1. Road, street services 1. a. The governing body of every municipality may make, amend, repeal and enforce ordinances to cause the governing body of the municipality to repair and maintain and provide for the removal of snow, ice and other obstructions from, and provide…

40:67-23.2. Definitions 1. For the purposes of this act: a. "Condominium" means the form of real property ownership provided for under the "Condominium Act," P.L.1969, c.257 (C.46:8B-1 et seq.); b. "Cooperative" means a housing corporation or association wherein the holder of a s…

40:67-23.3. Municipality to reimburse private community for services or provide services 2. a. Except as otherwise provided in subsection b. of this section, the governing body of every municipality shall reimburse a qualified private community for the following services as provi…

40:67-23.4. Private community to pay insurance riders A qualified private community shall be required to pay the cost of any insurance riders required by the municipality to enable municipal vehicles to operate on private roads and streets within the qualified private community. …

40:67-23.5. Use of municipal reimbursement to pay for services a. As provided in section 5 of this act and in lieu of providing some or all of the services set forth in section 2 of this act, a municipality shall enter into a written agreement to annually reimburse the qualified …

40:67-23.6. Schedule for reimbursement for portion of cost 5. a. Pursuant to a reimbursement agreement entered into in lieu of providing some or all of the services set forth in section 2 of P.L.1989, c.299 (C.40:67-23.3), the municipality shall reimburse the qualified private co…

40:67-23.7. Acceptance for public use if conforms to municipal specifications A municipality shall be required to accept for dedication for public use, by a qualified private community, any road or street within the community that conforms to municipal specifications for public r…

40:67-23.8. Additional services; repeal of ordinance; prior agreements to remain in effect Nothing in this act shall prevent a municipality from providing additional services, that primarily serve public purposes, to the residents of a qualified private community. The governing b…

40:67-26. Passage of ordinances; subsequent proceedings by resolution; supervision by county After the passage of such ordinance authorizing in general terms the making of such improvement and the expenditure of a sum equal to the estimated cost thereof, all proceedings to fix th…

40:67-27. Contract with county; advertisement for bids unnecessary Any municipality may enter into such contract with the county in which it is situated without advertising for bids, but otherwise shall proceed in the manner provided in this subtitle, including the giving of noti…

40:67-28. Assessment for benefits; bonds and improvement certificates Any municipality entering into such a contract may assess all or part of the cost to be borne by the municipality upon the real estate benefited by the improvement, in the same manner as assessments for benefit…

40:67-29. Highways may be connected by tunnels; approaches When in any municipality any street has been improved by the municipality to or near any navigable waterway or basin, on both sides of the waterway or basin, and for any reason it shall be deemed advisable to build a tunn…

40:67-3. Hack or cab stands at hotels The owner or lessee of any public hotel maintaining fifty or more rooms for the accommodation of travelers may, with the permission of the body having control of the streets, designate a space in the street in front of the hotel as a hack or …

40:67-30. Use of state land If it shall be necessary to own or take any lands of the state under or above tidewater or the state's interest therein such lands or interest may be taken and used for said purposes, and the state hereby assents to such taking without compensation.

40:67-31. Location of tunnel and approaches; right of entry upon lands The governing body may locate such tunnels and approaches wholly on private lands, or partly in streets or highways or avenues and partly on private lands, and the municipality by its agents and employees may …

40:67-32. Acquisition of necessary land; damages to land compensated When the tunnel or tunnels or approaches shall be located upon any land other than a highway or street, or land which has been acquired by the municipality, and such land or any right or interest therein shall b…

40:67-33. Contract with landowners to build tunnel; contribution by; streets vacated The governing body of such municipality with the mayor or other chief executive officer may enter into contract with the owner or owners of lands fronting on all or any part of said proposed tunn…

40:67-34. Statement of cost and damages filed The governing body authorized to construct the tunnel shall file with the municipal clerk a detailed statement in writing of the estimated cost of the tunnel or tunnels and of the estimated damages to be paid to property owners by rea…

40:67-35. Tunnel considered general improvement The work provided for in this article shall be undertaken as a general improvement, and the provisions therefor, except as in this article otherwise provided, shall conform to proceedings provided in this subtitle for making general…

40:67-4. Materials for street improvements In the making of any street improvement a municipality may use any material the governing body may deem best suited therefor, and in ascertaining the cost of any improvement for the purpose of certifying the same to the assessing officer…

40:67-47. Release or extinction of public right in canal or canal bed not used for twenty years Whenever any canal or canal bed, the title to which is not vested in the State, county, municipality, or other public body, and has not been used for navigation purposes or as a public…

40:67-48. Filing copy of ordinance; evidence After such ordinance becomes effective, the municipal clerk shall file a copy of such ordinance, certified by him, under the seal of the municipality, to be a true copy of such ordinance, in the office wherein conveyances of lands are …

40:67-5. Streets occupied by railroad; improvement of; cost apportioned In any municipality where a railroad company occupies and uses a part of any street or highway and the company is charged with the duty of paving or maintaining any portion thereof the governing body may agre…

40:67-6. Conduits for wires; rental; construction by utility corporation Every municipality may lay and construct in its streets and public places conduits for carrying wires, and place therein wires owned or controlled by it, and may rent to persons space therein for their wires…

40:67-6.1. Permits to United States; conduits; manholes or other appurtenances The governing body of any municipality shall have power to grant by resolution, subject to such terms and conditions as therein may be imposed, permission to the United States of America to lay conduit…

40:67-6.2. Liability of municipality for injuries or damage as result of permits to United States No municipality shall be liable for injury to the person or damage to property as a result of any injury or damage sustained by reason of the construction, use or maintenance by the …

40:67-7. Change or improvement of streets; removal and relocation of tracks, poles and other property When, in the making of any improvement in any municipality any street or highway therein shall be changed or altered, the governing body may by resolution, and after hearing upon…

40:67-8. Municipal improvements affecting private structures Whenever any improvement of any street or highway shall make necessary any work in connection with any street railway tracks, poles, wires, pipes, conduits or other structures of any kind owned or controlled by any pers…

40:67-9. Municipality may do work if owner fails; recovery of cost Where any person shall fail to comply with the direction of the governing body of a municipality to make any changes or to do any work referred to in sections 40:67-7 and 40:67-8 of this title the same may be made…

40:68-1. Acquisition of land; reclamation and improvement of land The governing body of each municipality may acquire by purchase or condemnation, any marsh or other unimproved lands within or adjoining the municipality as it may deem advisable for the best interests of the munic…

40:68-10. Annual report; contents; filing The governing body shall require an annual report to be made and submitted to the mayor or other chief executive officer and filed in the office of the municipal clerk, setting forth the amount of property owned, the amount of property ac…

40:68-11. Powers conferred deemed additional Nothing in this chapter shall be deemed to repeal, amend or affect the provisions of Title 48, Public Utilities. This chapter shall be deemed to confer additional and independent powers, and the powers herein conferred shall not be dee…

40:68-12. Private wharves or other improvements; license for construction; application; procedure Any person desiring to construct, alter, improve or extend any wharf, pier, dock, bulkhead, or other building in the nature thereof, harbor structures, and shipping and docking facil…

40:68-13. Failure to obtain license; effect; penalty; duration of license Any such wharf, pier, dock, bulkhead, building, harbor or other structure, constructed, altered, improved or extended within the limits of any municipality beyond low water mark, without a license or order …

40:68-14. Removal of obstruction from wharves; procedure on failure of owner The owner or lessee of private wharves, piers and bulkheads within the municipality shall at all times keep and maintain the adjoining dock or docks clean and free from obstructions, and the municipality…

40:68-15. Persons aggrieved may petition court; procedure 40:68-15. Any person aggrieved by any decision of the governing body, either granting or refusing in whole or in part application for a license as provided in section 40:68-12 of this Title, may, within thirty days thereaf…

40:68-16. Municipal appropriation to assist federal government in protecting water front The governing body of any municipality bordering upon the Atlantic ocean may appropriate and pay out of its treasury into the treasury of the United States to and for the credit of the secret…

40:68-17. "Port authority" defined As used in this article "port authority" means The Port of New York Authority created by compact of April thirtieth, one thousand nine hundred and twenty-one, between the states of New York and New Jersey, with the consent of congress and also a…

40:68-18. "Marine terminal" defined As used in this article the words "marine terminal" means and includes a development consisting of one or more piers, wharves, docks, bulkheads, slips, basins, vehicular roadways, railroad connections, side tracks, sidings and other buildings, …

40:68-19. "Property" defined As used in this article the word "property" means and includes real and personal property, chattels, lands, structures, franchises, and interests in land, including lands under water and riparian rights and any and all things and rights usually includ…

40:68-2. Contracts; plans, specifications, advertisement and bids Before the erection, construction, extension, alteration or improvement of wharves, piers, bulkheads, docks, slips, basins, or harbor or other structures or shipping and docking facilities in and upon or about any …

40:68-20. Powers appurtenant to establishment and maintenance of marine terminals Any municipality may co-operate with the port authority in the establishment, maintenance and operation of marine terminals within the corporate limits of such municipality, and for such purposes is…

40:68-21. Use of income; issuance of bonds and other obligations The income derived by any municipality from the maintenance, operation or control of any marine terminal leased to such municipality pursuant to this article shall be paid into the municipal treasury and shall be ap…

40:68-22. Local harbor and water front commission; creation; members; appointment; term The governing body of each municipality is hereby authorized to create, by ordinance, a local harbor and water front commission to be known as "The Harbor Commission of " (here insert name of …

40:68-23 Powers and duties. 2. The commission so created shall be vested with such powers and duties as shall be defined and designated by ordinance adopted by the governing body of such municipality with respect to the management, operation and control of the harbor and water fr…