Title 40A, Title 40A: MUNICIPALITIES AND COUNTIES

40A:5A-26. Rules and regulations; inapplicability of act to powers of local finance board under P.L.1947, c. 151 a. The Local Finance Board is authorized to adopt, amend and repeal rules and regulations to effectuate the purposes of this act. b. This act shall not limit the power…

40A:5A-27. Actions to be consistent with bond resolution, service contract The Local Finance Board, the director, and local units and local authorities shall not act under this act in a manner inconsistent with a bond resolution or service contract in effect at the time of the ac…

40A:5A-28 Definitions relative to public utilities. 3. As used in sections 3 through 5 of P.L.2021, c.317 (C.40A:5A-28 to C.40A:5A-30): "Board" means the Board of Public Utilities or any successor agency. "Department" means the Department of Community Affairs. "Local authority" m…

40A:5A-29 Winter Termination Program, established. 4. a. Within 120 days of the effective date of P.L.2021, c.317 (C.40A:5A-28 et al.), the Department of Community Affairs shall establish a Winter Termination Program, which shall prohibit a local authority, municipal utility, or …

40A:5A-3. Definitions 3. As used in this act: a. "Authority" means a body, public and corporate, created by one or more municipalities or counties pursuant to any law authorizing that creation, which law provides that the public body so created has at least the following powers: …

40A:5A-30 Rules, regulations. 5. The department, in consultation with the Board of Public Utilities, shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purpose of sections 3 and 4 of P.L.…

40A:5A-31 Summer Termination Program, Department of Community Affairs, definitions. 1. a. For the purposes of this section: “Board” means the New Jersey Board of Public Utilities. “Department” means the Department of Community Affairs. “Local authority” means an authority, as def…

40A:5A-32 Rules, regulations. 2. The Department of Community Affairs, in consultation with the Board of Public Utilities, shall promulgate rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of se…

40A:5A-4. Local authorities; creation; application for approval On and after the effective date of this act, no authority shall be created by any local unit or units without the prior approval of the Local Finance Board. Prior to the introduction of an ordinance or the adoption o…

40A:5A-5. Approval or disapproval of application The Local Finance Board shall, within 60 days of its receipt of an application pursuant to section 4 of this act, approve in writing the creation of the proposed authority if it shall determine that the creation of the proposed aut…

40A:5A-6 Review of financing. 6. Prior to the adoption of a bond resolution by an authority, or the adoption of an ordinance or resolution of a local unit or units authorizing a service contract that is part of a project financing, the proposed project financing shall be submitte…

40A:5A-6.1 Financing cost estimate submitted by authority. 4. An authority that does not finance an environmental infrastructure project with funding provided by the New Jersey Environmental Infrastructure Trust shall submit the financing cost estimate provided by the New Jersey …

40A:5A-7. Hearings; findings At the time of submission of the proposed project financing to the Local Finance Board, the authority shall notify each participating local unit of that submission. The Local Finance Board shall, within 31 days of its receipt of the proposed project f…

40A:5A-8. Recommendations The Local Finance Board may recommend in its findings with respect to a proposed project financing: a. That the debt service reserve fund in an amount established by the board be funded from the proceeds of the sale of the authority's bonds; b. The incur…

40A:5A-9. Authorization for local units to incur indebtedness and issue obligations To the extent not otherwise provided for in Title 40 of the Revised Statutes or Title 40A of the New Jersey Statutes and in order to satisfy the provisions of section 8 of this act, any local unit…

40A:6-1. Classification of counties for legislative purposes 40A:6-1. For legislative purposes, counties are classified as follows based upon their population as ascertained by the most recent federal decennial census: a. First class--counties having a population of more than 550…

40A:6-2. When change in classification effective 40A:6-2. Whenever the classification of any county is changed by reason of increase of population as shown by any future federal decennial census, the change in class shall be deemed to take effect on July 1 following the receipt b…

40A:6-3. Governing bodies unaffected Nothing in this article shall be construed to reduce the membership of any county governing body. L.1979, c. 181, s. 1, eff. Aug. 29, 1979.

40A:6-4. Classification of cities for legislative purposes For legislative purposes, cities shall be classified as follows based upon population as ascertained by the most recent Federal decennial census: a. First class--cities having a population of more than 150,000; b. Second …

40A:6-5. Reference in laws to designated classes; notice to courts It shall be sufficient in any law to refer to the classification of cities as designated in N.J.S. 40A:6-4, and such law shall be construed to apply to all cities of the class referred to. All courts of this State…

40A:6-6. Time when census shall affect classification 40A:6-6. A federal decennial census shall be applicable to the classification of all cities within 90 days after its receipt by the Governor. L.1979, c. 181, s. 1, eff. Aug. 29, 1979. Amended by L.1981, c. 462, s. 46; 2021, c.…

40A:6-7. City becoming member of another class to be governed by laws applicable to such class When any city becomes, by reason of its population, a member of another class in accordance with the classification above referred to, the laws before that time applicable to the city s…

40A:6-8. Statutes repealed The following sections, chapters and acts, together with all amendments and supplements thereto, are hereby repealed: Revised Statutes Sections: R.S. 40:17-1 to 40:17-4 inclusive; R.S. 40:167-1 to 40:167-7 inclusive; Pamphlet Laws: P.L.1954, c. 4 (C. 40…

40A:7-1. Law applicable in annexed territory When part of one county is annexed to or consolidated with another county under any law, all laws, general, local or special, affecting the county to which the part is annexed shall extend to and have the same effect within the annexed…

40A:7-10. Collection of unpaid taxes All taxes for county purposes levied or assessed and uncollected in the annexed territory prior to the time when the annexation shall take effect shall be collected by the officer thereafter charged with the duty of collecting taxes in the ter…

40A:7-11. Suits and other legal proceedings unaffected All actions, appeals, prosecutions and other legal proceedings pending in a court or before any tribunal having jurisdiction within the county from which the annexed territory is taken shall not be affected by the annexation,…

40A:7-12. Annexation; petition and contents Land in one municipality may be annexed to another municipality to which said land is contiguous. To effect such annexation, a petition in writing shall be presented to the governing body of the municipality to which such annexation is …

40A:7-12.1. Refusal to annex; judicial review; burden of proof In any judicial review of the refusal of the governing body of the municipality in which the land is located or the governing body of the municipality to which annexation is sought to consent to the annexation, the pe…

40A:7-13. Ordinance of annexing municipality; wards; limitation on municipal boundaries The governing body of the municipality to which land is sought to be annexed may, in its discretion, by ordinance adopted by a two-thirds vote annex the land specifically described in the peti…

40A:7-14. Law applicable; copy of ordinance filed Upon the ordinance becoming effective, the land described in the petition shall become a part of the municipality to which it is annexed, and all laws affecting the municipality to which it is annexed, and the ordinances and regul…

40A:7-15. Land plotted on municipal map The governing body of the municipality to which the land is annexed shall forthwith cause the annexed land to be plotted upon the official map or maps of the municipality. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

40A:7-16. Rights of residents after annexation After annexation has become effective, all persons residing within the annexed territory shall become residents of the annexing municipality. They shall have the same rights and be entitled to the same privileges, and be subject to t…

40A:7-17. Indebtedness of annexed municipality apportioned The municipality to which the territory shall be annexed, shall be liable to pay a proper proportion of the bonded and other indebtedness of the municipality of which the annexed territory formerly formed a part, which po…

40A:7-18. Joint committee to apportion property and indebtedness On the Monday after the annexation becomes effective, a committee of three to be appointed by the governing body of the municipality to which the territory shall have been annexed, and a similar committee appointed …

40A:7-19. Payment of indebtedness The credit of the municipality to which the territory has been annexed shall stand pledged for the final payment of the indebtedness so apportioned to it and it shall make the payments in the manner and at the times set forth in the report. L.197…

40A:7-2. Rights of citizens All residents in the territory annexed shall immediately become residents of the county to which the territory is annexed. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

40A:7-20. Decision of majority final; members present to act; adjournments In ascertaining the necessary facts and in making the report, the decision of four members of the committee shall be final. If any member of the committee refuses or neglects to attend any meeting thereof,…

40A:7-21. Joint committee report filed; compensation of committeemen The committees shall make their report, in duplicate originals, signed by at least four committeemen, within 60 days after the time fixed for their first meeting, and shall file one with the clerk of each of the…

40A:7-22. Failure to make report; application to Superior Court; commission appointed; report and compensation If the report is not made and filed within the time fixed in N.J.S. 40A:7-21, the municipality to which the territory is annexed shall forthwith apply to the Superior Co…

40A:7-23. Effect on constables All constables, resident within the territory annexed, shall continue to hold their respective offices until the expiration of their respective terms. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

40A:7-24. Annexation of adjacent municipally-owned unoccupied land Whenever any municipality has acquired or shall acquire lands situated in another municipality for public use, consisting of one or more tracts which together comprise one plot of land bounded in part by the divis…

40A:7-25. Actions pending unaffected; collection of unpaid taxes Nothing contained in this subarticle shall affect any actions or suits which shall be pending at the time of any annexation of territory, and to which either of the municipalities shall be a party, and the collectio…

40A:7-26. Procedure When a public road or street lying wholly within a municipality adjoins the boundary line of another municipality, the public road or street to the middle thereof may be annexed to and become part of the adjoining municipality by consent of both municipalities…

40A:7-27. Recording copy of proceedings Upon the annexation of part of any public road or street as provided in N.J.S. 40A:7-26, the clerk of the municipality to which such land is annexed shall immediately thereafter file in the office of the clerk of the county in which such la…

40A:7-28. Statutes repealed The following statutes, acts and sections, together with all amendments and supplements thereto, are hereby repealed: Revised Statutes sections: R.S. 40:18-23 to 40:18-32 inclusive; R.S. 40:43-26 to 40:43-39 inclusive. Pamphlet laws: P.L. 1939, c. 46 (…

40A:7-3. Liability for indebtedness The county to which part of the territory of another county is annexed shall be liable to pay such proportionate part of the indebtedness of the county from which the annexed territory is taken, as the value of the property assessed for the pur…