Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:8-3 County airports; general powers. 40:8-3. a. The governing body of any county may acquire, by lease or purchase, and establish, construct, own, control, lease, equip, improve, maintain, operate, and regulate airports or landing fields for the use of airplanes and other airc…

40:8-4. Condemnation; power of. Any real estate acquired, owned, controlled or occupied by such municipality for the purposes enumerated in section 40:8-2 of this title shall be acquired, owned, controlled and occupied for a public purpose and as a matter of public necessity, and…

40:8-5. Condemnation; law applicable; bonds; law applicable. 40:8-5. Private property needed by any municipality for an airport or landing field shall be acquired by purchase if the municipality is able to agree with the owners on the terms thereof, and otherwise by condemnation,…

40:8-6 Control of airports; regulations; fees. 40:8-6. The governing body of a municipality or county which has established an airport or landing field and acquired, leased or set apart real property for such purpose may construct, improve, equip, maintain and operate the same, o…

40:8-7. Annual expenditures; taxation for The board or body of any municipality or county having power to appropriate money therein may annually appropriate and cause to be raised by taxation in such municipality or county a sum sufficient to carry out the provisions of sections …

40:8-8. Airport security officers The governing body of any county which has established an airport may, by ordinance or resolution, as appropriate, provide for the appointment of such persons as the governing body may designate to act as airport security officers for the facilit…

40:8-9. Applications All applications for the position of airport security officers shall, in the first instance, be made to the chief of police of the county in which the airport is located, except that where the county does not have an organized full-time police department, app…

40:8C-1. Biotechnology defined 1. As used in this act: "Biotechnology" means the continually expanding body of fundamental knowledge about the functioning of biological systems from the macro level to the molecular and sub-atomic levels, as well as novel products, services, techn…

40:8C-2. Development of biotechnology, not regulated; nonapplicability of act 2. a. A county, municipality, including a local health board, or other local subdivision shall not regulate the development of biotechnology or the use of materials and organisms created through the app…

40:9-2.1. Acquisition, improvement, operation and equipment of public transportation passenger or freight rail line The governing body of any county or municipality may acquire, by purchase or lease, maintain, improve, equip and operate any existing public transportation passenge…

40:9-2.2. Lease or sale of space and facilities for conduct of carrier's business; contracts for conduct of other commercial activities Any county or municipality acquiring a public passenger or freight rail line may lease or sell all or portions of space or facilities to any com…

40:9-2.3. Appropriation of funds; bonds or notes Funds to carry out the purposes of this act shall be included in the annual budget of the county or municipality as required by law and shall be appropriated as are funds for other public purposes. Any county or municipality may au…

40:9A-1. Federation of city-county libraries Any county or counties, municipality or municipalities, or any combination thereof, operating libraries pursuant to chapters 33 or 54 of Title 40 of the Revised Statutes may, by contract or agreement, by and between the appropriate boa…

40:9A-2. Costs; management Such contracts shall set forth the proportion of the cost each party thereto shall assume and specify all the details of the management of the joint undertakings, and any other matters that may be deemed necessary for insertion therein, and may be amend…

40:9A-3. Interlibrary loan services; free use by residents Such contracts shall provide for the establishment of interlibrary loan services among the federated libraries and the free use for reference purposes of the library resources in the federation by any resident of the area…

40:9A-4 Standards for libraries. 4. The State Librarian, subject to the approval of the President of Thomas Edison State College, shall formulate and promulgate standards for the said federations of libraries to insure the public convenience in the use of such library services. L…

40:9B-1. Establishment and maintenance of narcotic treatment programs and centers. 1. The board of county commissioners of any county or the governing body of any municipality may establish and maintain a substance use disorder program for the operation or the support of centers …

40:9B-2. Appropriation of funds The board of chosen freeholders of such county or the governing body of such municipality may appropriate funds to carry out a program or programs established and maintained pursuant to this act. L.1964, c. 254, s. 2, eff. Dec. 29, 1964.

40:9B-3. Legislative findings. 1. The Legislature hereby recognizes that it is the declared public policy of this State that the social and personal anguish of substance use disorder is a grave public concern, and that priority should be given to the establishment of a comprehens…

40:9B-4 Counties or municipalities; annual appropriation for private centers. 2. The governing body of any county or municipality may annually appropriate funds to any approved, privately operated, nonprofit narcotic and substance use disorder treatment center certified by the Co…

40:9B-5. Ratification, validation and confirmation of prior appropriations All appropriations heretofore made by any county or municipality for any of the purposes herein authorized are hereby ratified, validated and confirmed. L.1974, c. 120, s. 3, eff. Oct. 10, 1974.

40:9C-1. Mass transit or freight line services; counties and municipalities; subsidies; appropriations The board of chosen freeholders of any county and the governing body of any municipality within the county, may enter into an agreement for the purpose of providing funds to mai…

40:9D-1 Definitions relative to provision of broadband telecommunications service. 1. As used in this act: "Broadband telecommunications infrastructure" means information equipment and facilities, information systems, and information technology used for the purpose of providing b…

40:9D-2 Authority of local unit. 2. a. Consistent with federal law, the governing body of a local unit, through the establishment of a related competitive business segment, is authorized to: (1) construct, own or operate broadband telecommunications infrastructure to provide broa…

40:9D-3 Responsibilities of local unit relative to provision of broadband telecommunications service. 3. If a governing body of a local unit exercises powers under subsection a. or b. of section 2 of this act, whether by contracting with a private entity or by establishing a rela…

40:9D-4 Plan for proposed activities. 4. a. Prior to the exercise by the governing body of a local unit of any powers under subsections a. and b. of section 2 of this act, the local unit shall have developed a plan which sets forth the local unit's or private entity's proposed ac…

40:9D-5 Authority to issue revenue bonds. 5. a. The governing body of a local unit exercising powers under subsection a. or subsection b. of section 2 of this act is authorized, pursuant to the provisions of the "Local Bond Law" (N.J.S.40A:2-1 et seq.), to issue revenue bonds of …

40:9D-6 Due diligence required prior to contract. 6. The governing body of a local unit exercising powers under subsection a. or subsection b. of section 2 of this act shall not enter into or implement any contract regarding broadband telecommunications infrastructure or broadban…

40:9D-7 Additional competitive contracting provisions; terms; negotiations. 7. a. In addition to the purposes set forth in section 1 of P.L.1999, c.440 (C.40A:11-4.1), a local contracting unit may use the competitive contracting provisions set forth in the "Local Public Contracts…

40:9D-8 Payment of prevailing wage rate. 8. Any contract awarded in connection with any project authorized pursuant to the provisions of this act shall provide that not less than the prevailing wage rate shall be paid to workers employed in the performance of such contract. The p…

40:10-1. Acceptance of monuments; may provide site; becomes public property. When any person or organization shall offer to any county or municipality any monument, statue, tablet or public drinking fountain already erected or constructed within the bounds of any public street or…

40:10-11. County, municipal appropriations for veterans' memorials 1. a. The Legislature finds and declares that it is a public purpose and in the public interest to permit local units of government to appropriate funds for county or State memorials honoring war veterans. b. The …

40:10A-1. Short title This act shall be known and may be cited as the "Local Historians Enabling Act." L.1979, c. 59, s. 1, eff. March 27, 1979.

40:10A-2. Legislative findings The Legislature of the State finds that a New Jersey Historical Commission, New Jersey Bicentennial Commission, New Jersey Cemetery Board, New Jersey Register of Historic Places, State Archivist, and county cultural and heritage commissions have bee…

40:10A-3. Public policy It is hereby declared as a matter of public policy that each municipality and county may participate to increase the education, appreciation and communication of our heritage through local historians, in such manner as to reflect the special character or s…

40:10A-4. Local historian; establishment of position by local government; reimbursement of expenses; appointment; term The governing body of any county or municipality may, by ordinance or resolution, as appropriate, establish the position of local historian. The local historian …

40:10A-5. Vesting duties and responsibilities of local historian in chairperson of county cultural and heritage commission Any county which shall have established a county cultural and heritage commission pursuant to P.L.1968, c. 31 (C. 40:33A-1 et seq.) may, in lieu of establish…

40:10A-6. Local historian of county; assistance to municipalities Whenever the governing body of a county shall establish the position of local historian for the county as herein provided, and one or more municipalities within such county shall establish the position of local his…

40:10A-7. Powers and responsibilities of local historian; annual report A local historian shall have the following powers and responsibilities, except as otherwise provided in the ordinance or resolution creating the position: a. To carry out an historical program, including but …

40:10A-8. Employment of clerical assistants The local historian may employ such clerical assistants as may be necessary in order to carry out the duties and responsibilities set forth in this act, within the limits of such funds as may be made available by the governing body for …

40:10B-1. Short title This act shall be known and may be cited as the "Historic Cemeteries Act." L.1983, c. 294, s. 1, eff. Aug. 4, 1983.

40:10B-2. Legislative findings and declarations The Legislature finds that within the State of New Jersey, there are many historic cemeteries in which are interred the bodies of citizens who settled and first developed the colonial lands of East Jersey and West Jersey, fought to …

40:10B-3. Historic cemeteries; restoration, maintenance or preservation by county or municipality; appropriations The governing body of any county or municipality may provide for the restoration, maintenance and preservation of any historic cemetery located within its borders. As…

40:10C-1 Establishment of municipal or county Hispanic advisory commission. 6. A municipality or a county with an Hispanic population of 10% or more, according to the latest federal decennial census, may by resolution establish a municipal or county Hispanic advisory commission, …

40:10D-1 Findings, declarations relative to protection of archaeological findings, sites. 1. The Legislature finds and declares that it is of critical importance to protect archaeological sites in New Jersey to prevent their despoliation; that archaeological sites in the State ha…

40:10D-2 Archaeological findings on lands owned by political subdivision protected. 6. a. (1) Except as may be provided pursuant to subsection c. of this section, no person may alter, deface, destroy, disturb or remove any archaeological findings on lands owned by a county, munic…