reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:6-6 - Time when census shall affect classification

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.369, s.4.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:6-7 - City becoming member of another class to be governed by laws applicable to such class

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 shall cease to have any effect, and thereafter the city shall be governed only by the laws applicable to the classification in which it is contained; provided, however, that nothing contained in this article shall affect or make void any contracts or rights or any act theretofore done by such city; or in any manner affect or change the internal structure or arrangement thereof or the laws affecting the same during a reasonable time until the newly applicable laws are adopted by ordinance of the governing body of said city.
L.1979, c. 181, s. 1, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:6-8 - Statutes repealed

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 Statutes repealed
The following sections, chapters and acts, together with all amendments and supplements thereto, are hereby repealed: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. 40:17-2.1).
L.1979, c. 181, s. 1, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-1 - Law applicable in annexed territory

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 territory as they have elsewhere in the county, and all such laws applicable to the county from which the annexed territory is taken shall be deemed to be repealed insofar as applicable to the annexed territory. The repeal shall not operate to affect or impair any right which any person may have acquired under any such laws.
L.1979, c. 181, s. 2, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-3 - Liability for indebtedness

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 purpose of taxation in the annexed territory bears to the entire amount of property assessed for that purpose in the county, according to the assessments for the purpose of taxation made by the appropriate taxing officers of the several taxing districts of the county in the year preceding the annexation.
L.1979, c. 181, s. 2, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-4 - Joint committee of the governing body members to ascertain indebtedness

40A:7-4. Joint committee of the governing body members to ascertain indebtedness
On the third Monday after the annexation or consolidation takes effect, a committee consisting of three members of the governing body of the county from which the annexed territory is taken and three members of the governing body of the county to which the territory is annexed shall be appointed by said governing bodies in the manner otherwise provided by law for appointments thereof.
The committee shall meet at the courthouse of the county from which the territory is taken, at 10:00 a. m. on the Monday following their appointment.
L.1979, c. 181, s. 2, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-5 - Committee to ascertain and report amount of indebtedness paid by annexing county

40A:7-5. Committee to ascertain and report amount of indebtedness paid by annexing county
At the meeting the committee shall proceed to ascertain a. the entire amount of the indebtedness of the county from which the annexed territory is taken; b. the amount of money in the treasury of the county applicable to the payment thereof; c. the amount of uncollected taxes and other claims due the county which are deemed to be collectible; d. such other information as shall be necessary to enable the committee to make a just and equitable division of the indebtedness and assets between the counties.
The committee shall thereupon ascertain the amount of the indebtedness of the county from which the annexed territory is taken that should be paid by the county to which the territory is annexed, and how much of the taxes and claims due the county from which the territory is taken should be paid over to the county to which the territory is annexed, and when the payment should be made.
L.1979, c. 181, s. 2, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-6 - Making and filing report; effect

40A:7-6. Making and filing report; effect
The committee shall make a report within 60 days after the time fixed for their first meeting of their determinations in duplicate. One duplicate shall be filed in the office of the clerk of each county.
The county to which the territory is annexed shall thereupon become liable for the payment of such portion of the debt and interest thereon, as shown by the report, when it becomes due or payable, and the county from which the territory is taken shall thereupon become liable to the county to which the territory is annexed, according to the determinations and provisions of the report.
L.1979, c. 181, s. 2, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-7 - Decision of majority final; members present to act; adjournments

40A:7-7. 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, those assembled shall act, but it shall be lawful to adjourn any meeting from time to time not beyond one month in all as a majority of said committee or of those attending the meetings may decide.
L.1979, c. 181, s. 2, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-8 - Failure to make report; application to Superior Court; commission appointed; report and compensation

40A:7-8. 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:7-6, the county to which the territory is annexed shall forthwith apply to the Superior Court assignment judge of that county for an order appointing three commissioners to take the place of and perform the work of the committee, who shall perform the work and make their report within 30 days from the date of their appointment, unless otherwise ordered by the judge.
The report of the commissioners, or a majority of them, shall be made in duplicate and filed with the clerk of each of the counties, and shall have the same force and effect, and be as binding as if a report had been made and filed by the committee.
The commissioners shall be paid for their services by the county applying for their appointment and by the county of which the territory formerly was a part.
The judge shall, upon application of the commissioners, and after they have filed their report, fix the amount to be paid to each commissioner, and the part thereof to be paid by each county, and for which respective amounts said counties shall be liable.
L.1979, c. 181, s. 2, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-9 - Continuation of officers

40A:7-9. Continuation of officers
All county officers living in the territory annexed to another county shall continue in office until the expiration of their respective terms, and all constables resident within the annexed territory shall continue to hold their offices until the expiration of their terms.
L.1979, c. 181, s. 2, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-10 - Collection of unpaid taxes

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 territory and paid over to the collector of the county from which the territory was taken, and shall be divided according to the report of the committee.
L.1979, c. 181, s. 2, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-11 - Suits and other legal proceedings unaffected

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, but may be prosecuted in the county from which the territory is taken, in the same manner and before the same courts and tribunals and with like effect as if the annexation had not occurred, and judgments obtained or which may be obtained therein shall have the same effect.
L.1979, c. 181, s. 2, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-12 - Annexation; petition and contents

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 sought to be made, specifically setting forth the boundaries of such land, signed by at least 60% of the legal voters residing thereon. If the land is vacant, the petition may be signed by the person or persons owning at least 60% of said land as shown by the assessor's duplicate for the preceding year. The petition shall be duly verified by one of the signers, and shall have attached thereto the oath of an assessor of the municipality in which said land is located, or of some other person having access to the assessor's books, setting forth the assessed value of the real estate contained within the boundaries for the preceding year, and the amount of real estate assessed to any of the persons whose names are signed to such petition. The petition shall also have attached thereto a certified copy of a resolution adopted by two-thirds of the full membership of the governing body of the municipality in which said land is located, consenting to said annexation.
Prior to action on a resolution to consent to or to deny the petition for annexation, the governing body of the municipality in which the land is located shall, within 14 days of the receipt of the petition, refer the petition to its planning board, which shall, within 45 days of its receipt, report to the governing body on the impact of the annexation upon the municipality. Action on a resolution to consent to or deny the annexation shall be taken within 30 days of receipt of the planning board's report.
L.1979, c. 181, s. 2, eff. Aug. 29, 1979. Amended by L.1982, c. 182, s. 1, eff. Nov. 22, 1982.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-12.1 - Refusal to annex; judicial review; burden of proof

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 petitioners have the burden of establishing that the refusal to consent to the petition was arbitrary or unreasonable, that refusal to consent to the annexation is detrimental to the economic and social well-being of a majority of the residents of the affected land, and that the annexation will not cause a significant injury to the well-being of the municipality in which the land is located.
L.1982, c. 182, s. 2, eff. Nov. 22, 1982.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-13 - Ordinance of annexing municipality; wards; limitation on municipal boundaries

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 petition to such municipality. If the municipality is divided into wards, the boundaries of the existing wards shall be adjusted as necessary to together encompass the annexed land, pursuant to the "Municipal Ward Law" (P.L.1981, c. 496; C. 40:44-9 et seq.). The boundaries of such municipality shall not be extended so as to include a portion of any county other than that in which such municipality is located.
L.1979, c. 181, s. 2, eff. Aug. 29, 1979. Amended by L.1981, c. 496, s. 17, eff. Jan. 12, 1982.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-14 - Law applicable; copy of ordinance filed

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 regulations of said municipality, shall extend to and have the same effect within the territory so annexed as they shall have theretofore had within the original limits of the annexing municipality, but no vested rights shall be changed or abrogated by such annexation.
Upon the annexation of any land the clerk of the municipality to which the land is annexed, shall immediately thereafter file in the office of the clerk of the county in which the land is situated, and in the office of the Secretary of State, a certified copy of the ordinance.
L.1979, c. 181, s. 2, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-15 - Land plotted on municipal map

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.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-16 - Rights of residents after annexation

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 the same obligations as other residents of the annexing municipality.
L.1979, c. 181, s. 2, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-17 - Indebtedness of annexed municipality apportioned

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 portion of such indebtedness shall be ascertained in the manner hereinafter provided.
L.1979, c. 181, s. 2, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-18 - Joint committee to apportion property and indebtedness

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 by the governing body of the municipality of which the territory was formerly a part, shall meet at the municipal building of the municipality to which the territory shall have been annexed, at 10:00 a.m., or as soon thereafter as may be, proceed to state an account of all the property, real and personal, all debts, dues and demands, all judgments, recognizances and claims and all liens, actions and rights of action belonging to the municipality of which the annexed territory formerly formed a part, and to state the fair value thereof to such municipality. They shall also state an account of all the debts outstanding of such municipality, and the proper proportion or share to be borne and paid by the municipality to which the territory has been annexed, and the methods in and times at which payment thereof should be made.
L.1979, c. 181, s. 2, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-19 - Payment of indebtedness

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.1979, c. 181, s. 2, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-20 - Decision of majority final; members present to act; adjournments

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, those assembled shall act, but it shall be lawful to adjourn any meeting from time to time not beyond 1 month in all as a majority of the committee or those attending the meetings may decide.
L.1979, c. 181, s. 2, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-21 - Joint committee report filed; compensation of committeemen

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 municipalities. The compensation of the committeemen shall be fixed by the governing body of the municipality appointing them, and paid in the same manner as other officers or employees of the municipality are paid.
L.1979, c. 181, s. 2, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-22 - Failure to make report; application to Superior Court; commission appointed; report and compensation

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 Court assignment judge of the county in which the municipality is located, for an order appointing three commissioners to take the place of and perform the work of the committees, who shall perform the work and make their report within 30 days from the date of their appointment, unless otherwise ordered by the judge.
The report of the commissioners, or a majority of them, shall be made in duplicate and filed with the clerk of each of the municipalities, and shall have the same force and effect, and be as binding as if a report had been made and filed by the committees.
The commissioners shall be paid for their services by the municipality applying for their appointment and by the municipality of which the territory formerly was a part.
The judge shall, upon application of the commissioners, and after they have filed their report, fix the amount to be paid to each commissioner, and the part thereof to be paid by each municipality, and for which respective amounts said municipalities shall be liable.
L.1979, c. 181, s. 2, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-23 - Effect on constables

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.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-24 - Annexation of adjacent municipally-owned unoccupied land

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 division line between such municipalities, and said lands are unoccupied, the land may be annexed to the municipality holding title thereto, if desired by the municipality and consented to by the municipalities in which the lands have their situs. The annexation shall be effected by the passage of an ordinance by the governing body of the municipality in which the lands are situated, upon the petition of the governing body of the municipality owning them.
The provisions of N.J.S. 40A:7-14 to 40A:7-22 and of N.J.S. 40A:7-25 shall be observed in effecting the annexation of land under this section, and the annexation shall be subject thereto, insofar as such provisions are applicable.
L.1979, c. 181, s. 2, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-25 - Actions pending unaffected; collection of unpaid taxes

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 collection of all taxes and assessments of or on all such annexed territory or any part thereof, which shall be unpaid at the time of such annexation, shall be effected in the manner prescribed by the laws, ordinances and regulations governing the municipalities of which the annexed territory was formerly a part.
L.1979, c. 181, s. 2, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-26 - Procedure

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. The governing bodies of each municipality may by ordinance provide that the portion of the public road or street to the middle thereof bordering on the adjoining municipality shall be annexed to and become part of the municipality it adjoins. Upon the passage of such ordinances by each municipality and upon the ordinances becoming effective, that part of the public road or street described in the ordinances shall be and become a part of the municipality to which it is annexed.
L.1979, c. 181, s. 2, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-27 - Recording copy of proceedings

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 land is situated and also in the office of the Secretary of State a certified copy of said ordinances.
L.1979, c. 181, s. 2, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:7-28 - Statutes repealed

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 (C. 40:43-39.1 and C. 40:43-39.2).
L.1979, c. 181, s. 2, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-1.1 - Director of safety; appointment of non-resident; ordinance

40A:9-1.1. Director of safety; appointment of non-resident; ordinance
Notwithstanding the provisions of N.J.S. 40A:9-1 or any other law to the contrary, the governing body of any municipality may, by ordinance, appoint to the office of director of public safety a nonresident of said municipality.
L.1973, c. 128, s. 1, eff. May 14, 1973.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-1.2 - Municipal treasurer; appointment of nonresident; ordinance

40A:9-1.2. Municipal treasurer; appointment of nonresident; ordinance
Notwithstanding the provisions of N.J.S. 40A:9-1 or any other law to the contrary, the governing body of any municipality may, by ordinance, appoint to the office of municipal treasurer a nonresident of said municipality.
L.1977, c. 172, s. 1, eff. Aug. 10, 1977.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-1.3 - Bona fide residents of local unit; officers and employees; resolution or ordinance

40A:9-1.3. Bona fide residents of local unit; officers and employees; resolution or ordinance
Unless otherwise provided by law, the governing body of any local unit may by resolution or ordinance, as appropriate, require, subject to the provisions of this act, all officers and employees employed by the local unit after the effective date of this act to be bona fide residents therein. A bona fide resident for the purpose of this act is a person having a permanent domicile within the local unit and one which has not been adopted with the intention of again taking up or claiming a previous residence acquired outside of the local unit's boundaries. Any local unit wherein the provisions of Title 11 (Civil Service) of the Revised Statutes are operative, shall transmit a copy of the adopting ordinance or resolution, as the case may be, to the Civil Service Commission.
L.1978, c. 63, s. 1, eff. June 30, 1978.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-1.4 - Eligibility of applicants in local units subject to civil service

40A:9-1.4. Eligibility of applicants in local units subject to civil service
Any local unit having adopted the provisions of Title 11 (Civil Service) of the Revised Statutes, which has also adopted the provisions of section 1 of this act by ordinance or resolution, as appropriate, may therein limit the eligibility of applicants for positions and employments in the classified service of such local unit to residents of that local unit. Upon receipt of a copy of such ordinance or resolution, as the case may be, the Civil Service Commission thereafter shall not open such local unit's eligibility lists to anyone who is not a bona fide resident of the local unit at the time of the closing date following the announcement of examination; provided, however, that if the commission, after ample advertisement, determines that an insufficient number of qualified residents exist for available positions or employments in a particular local unit, it may open eligibility lists for such positions or employments to qualified nonresidents.
L.1978, c. 63, s. 2, eff. June 30, 1978.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-1.5 - Nonresident appointees to become bona fide residents; failure to maintain; grounds for removal or discharge

40A:9-1.5. Nonresident appointees to become bona fide residents; failure to maintain; grounds for removal or discharge
The governing body of a local unit which has adopted a resolution or ordinance, as the case may be, pursuant to section 1 of this act shall require therein that all nonresidents subsequently appointed to positions or employments shall become bona fide residents of the local unit within 1 year of their appointment, except as otherwise provided in such ordinance or resolution pursuant to sections 4 and 5 of this act.
It shall be the duty of the hiring authority to insure that all employees hired after the effective date of this act remain bona fide residents of the local unit in which they are employed. Failure of any such employee to maintain residency in a local unit shall be cause for removal or discharge from service. In the event such employee does not maintain bona fide residency, the hiring authority shall notify said employee that failure to again take up bona fide residency in the local unit within 6 months of such notification will result in removal or discharge from service. Such removal or discharge shall take effect on the date specified in such notice, but any employee so removed or discharged shall have the right to such appeals as are available pursuant to law.
L.1978, c. 63, s. 3, eff. June 30, 1978.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-1.6 - Unavailability of qualified residents for available specific positions or employments; appointment of other qualified applicants; preference schedule; conditions of employment; notice to and classification by civil service commission

40A:9-1.6. Unavailability of qualified residents for available specific positions or employments; appointment of other qualified applicants; preference schedule; conditions of employment; notice to and classification by civil service commission
Any local unit which has adopted an ordinance or resolution, as the case may be, pursuant to section 1 of this act, shall provide therein that whenever the governing body, or appointing authority, shall determine that there cannot be recruited a sufficient number of qualified residents for available specific positions or employments, the local unit shall advertise for other qualified applicants. The local unit, or the hiring authority thereof, shall thereupon classify all qualified applicants for such positions or employments so determined in the following manner:
a. In the case of municipalities:
(1) Other residents of the county in which the municipality is situate.
(2) Other residents of counties contiguous to the county in which the municipality is situate.
(3) Other residents of the State.
(4) All other applicants.
b. In the case of counties:
(1) Other residents of contiguous counties.
(2) Other residents of the State.
(3) All other qualified applicants.
The hiring authority shall first appoint all those in class 1 and then those in each succeeding class in the order above listed and shall appoint a person or persons in any such class only to a position or positions, or employment or employments, remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment. The preference established by this section shall in no way diminish, reduce or affect the preferences granted pursuant to any other provisions of the law. A local unit which has recruited and hired officers and employees under the provisions of this section may require such officers and employees, as a condition of their continued employment, to become bona fide residents thereof. Such a requirement shall be specified at the time of appointment and a reasonable amount of time granted for such officers and employees to become bona fide residents of the local unit. The Civil Service Commission shall, upon any subsequent notice of the determination of the governing body or the hiring authority of any such local unit wherein Title 11 (Civil Service) of the Revised Statutes is operative that such preference schedule shall be applicable for any specific position or employment, classify all applicants for such position or employment accordingly.
L.1978, c. 63, s. 4, eff. June 30, 1978.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-1.7 - Specific positions and employments requiring special talents or skills; filling without reference to residency

40A:9-1.7. Specific positions and employments requiring special talents or skills; filling without reference to residency
Any local unit adopting the provisions of section 1 of this act shall provide in the adopting ordinance or resolution, as the case may be, that whenever the governing body, or the hiring authority of the local unit, shall determine that there are certain specific positions and employments, requiring special talents or skills which are necessary for the operations of the local unit and which are not likely to be found among the residents of the local unit, such positions or employments so determined shall be filled without reference to residency. Any such provision shall set forth the formal criteria pursuant to which such positions and employments shall be so determined.
L.1978, c. 63, s. 5, eff. June 30, 1978.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-1.8 - Preference in promotion

40A:9-1.8. Preference in promotion
Any local unit which has adopted a resolution or ordinance, as the case may be, pursuant to section 1 of this act shall give preference in promotion to officers and employees who are bona fide residents of the local unit. When promotions are based upon merit as determined by suitable promotion tests or other objective criteria, a resident shall be given preference over a nonresident in any instance when all other measurable criteria are equal. The preference granted by this section shall in no way diminish, reduce, or affect the preference granted pursuant to any other provision of law.
L.1978, c. 63, s. 6, eff. June 30, 1978.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-1.9 - Application of act on and after effective date

40A:9-1.9. Application of act on and after effective date
The provisions of this act shall apply to all residency requirements adopted on and after the effective date of this act. Nothing herein shall be construed as to alter, abrogate, repeal or otherwise affect any residency requirement in effect in any local unit by ordinance or resolution, or rule or regulation of a local unit, on the effective date of this act; provided, however, that any amendment, modification or other change in any such residency requirement shall be subject to all the relevant provisions of this act.
L.1978, c. 63, s. 7, eff. June 30, 1978.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-1.10 - Preemption of order of court or of state or federal agency to eliminate discrimination

40A:9-1.10. Preemption of order of court or of state or federal agency to eliminate discrimination
Any requirements concerning eligibility, appointment or promotion contained in any ordinance or resolution adopted pursuant to this act shall be subject to any order issued by any court, or by any State or Federal agency pursuant to law, with respect to a requirement of action to eliminate discrimination in employment based upon race, creed, color, national origin, ancestry, marital status or sex, except that any requirement contained in any such ordinance or resolution pursuant to the provisions of section 3 of this act shall continue to apply notwithstanding any such order.
L.1978, c. 63, s. 8, eff. June 30, 1978.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-1.11 - Definitions

40A:9-1.11. Definitions
As used in this act:
a. "Candidate" means any person who shall file, or cause to have filed, a petition of nomination for election, or for election, to any local elective office;
b. "Local elective office" means any office of a local unit regularly filled at an election by the voters, but does not mean any office established by the State Constitution;
c. "Local unit" means a county or municipality, and, whenever an office is required to be filled by election from a district, ward or other subdivision means the district, ward or subdivision to which the office pertains;
d. "Resident" means a person having, within the territorial limits of the local unit, a place of abode, which has not been adopted for any mere special or temporary purpose, but is his ordinary and permanent domicile.
L.1980, c. 94, s. 1, eff. Jan. 1, 1981.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-1.12 - Local elective office; residency requirement; vacancy upon cessation of residency

40A:9-1.12. Local elective office; residency requirement; vacancy upon cessation of residency
No person shall be a candidate for, nor hold, any local elective office unless he is a resident of the local unit to which the office pertains. If any person nominated for, or holding, any local elective office shall cease to be a resident of the local unit to which the office pertains, the nomination or office, as the case may be, shall be vacant, and shall be filled in the manner prescribed by law.
L.1980, c. 94, s. 2, eff. Jan. 1, 1981.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-1.13 - Eligibility for candidacy or appointment to local elective office

40A:9-1.13. Eligibility for candidacy or appointment to local elective office
Except as provided in section 9 of this act, no person shall, on or after the effective date of this act, be eligible to become a candidate for any local elective office, or to be appointed to any local elective office, unless he is registered to vote in the local unit to which the office pertains, and has been a resident of that local unit for at least 1 year immediately prior to the date upon which the election for the office is to be held, or prior to the date upon which the appointment is made, as the case may be.
L.1980, c. 94, s. 3, eff. Jan. 1, 1981. Amended by L.1981, c. 49, s. 1, eff. Jan. 1, 1981.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-1.14 - Inapplicability of s. 40A:9-1.13 to special municipal charters

40A:9-1.14. Inapplicability of s. 40A:9-1.13 to special municipal charters
Nothing contained in section 3 of this act shall affect the provisions of any special municipal charter heretofore provided by the Legislature and adopted by the voters pursuant to Article IV, Section VII, paragraph 10 of the Constitution.
L.1980, c. 94, s. 9, eff. Jan. 1, 1981.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-1.15 - Residency requirement waiver.

40A:9-1.15 Residency requirement waiver.
1. Any municipal ordinance which requires that employees of a municipal water works be municipal residents shall include a provision which permits the municipality to hire a non-resident if the municipality is unable to hire a qualified resident. If the municipal water works serves more than one municipality, the ordinance shall comply with the provisions of P.L.2019, c.231 (C.40:14B-18.1 et al.).
L.1987, c.441, s.1; amended 2019, c.231, s.5.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-1.16 - Hiring preferences for veterans.

40A:9-1.16 Hiring preferences for veterans.
1. In addition to the veteran's preferences provided for in N.J.S.40A:14-122.6 and N.J.S.40A:14-129, a county or municipality wherein Title 11 (Civil Service) of the Revised Statutes is not in operation, may adopt a resolution or ordinance, as applicable, providing hiring preference to veterans, as defined in N.J.S.11A:5-1, provided that in all measurable criteria, the veteran and nonveteran are equally qualified for the position.
L.2015, c.178, s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-2 - Appointees to have the required qualifications in cases of scientific engineering skill

40A:9-2. Appointees to have the required qualifications in cases of scientific engineering skill
No person shall be appointed to or hold any office in a county or municipality in cases where scientific engineering skill is necessary, unless he has the required qualifications for personally performing the duties of such office.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-3 - Discrimination by reason of age; exceptions

40A:9-3. Discrimination by reason of age; exceptions
The board of chosen freeholders of any county, or the governing body of any municipality shall not make any rules or regulations designed to bar any person from holding a county or municipal position or employment or applying therefor, who is 40 years of age or more. This section shall be inapplicable to policemen or firemen or guards employed in the service of any county or municipal penal institution or to court attendants in first and second class counties whose duties require the custody and handling of prisoners.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-4 - Dual office holding.

40A:9-4 Dual office holding.
40A:9-4. (1) It shall be unlawful for a person to hold simultaneously an elective county office and an elective municipal office.
(2) It shall be lawful for a member of the Legislature of the State to hold simultaneously any appointive office or position in county or municipal government.
(3) Nothing contained in this section shall be deemed to prevent the incumbent of any office from abstaining from voting in any matter in which the incumbent believes he or she has a conflict of duty or of interest, nor to prevent a challenge of a right to vote on that account under the principles of the common law or any statute.
(4) a. (Deleted by amendment, P.L.2007, c.161).
b. (Deleted by amendment, P.L.2007, c.161).
c. For the purposes of this section the term "elective office" shall mean an office to which an incumbent is elected by the vote of the general electorate.
(5) Notwithstanding the provision of paragraph (1) of this section, a person who, on the effective date of P.L.2007, c.161, holds simultaneously an elective county office and an elective municipal office may continue to hold the elective offices simultaneously if service in those elective offices is continuous following the effective date of P.L.2007, c.161.
(6) It shall be lawful for a member of a volunteer fire company, ambulance, first aid, hazardous materials, or rescue squad, including an officer of the company or squad, to serve as an elected official on the governing body of the municipal government wherein the emergency services are provided; however, the volunteer shall recuse himself from any vote concerning the emergency services provider of which he is a member. In municipalities below 5,000 in population, recusal from such votes shall only be required for officers, directors, and trustees of the company or squad.
amended 2007, c.161, s 2; s.2; 2009, c.206, s.1; 2017, c.181, s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-5 - Rights of certain employees transferred to other positions

40A:9-5. Rights of certain employees transferred to other positions
Whenever heretofore or hereafter a transfer has been or shall be effected by appointment, assignment or promotion of a municipal employee to any other department or position in municipal employment, or to a position or department of the county government; or of a county employee to any other position or department in county employment, or to a department or position of a municipal government, in counties of the first or second class, the period of such prior service in said county or municipal employment, for any purpose whatsoever, shall be computed as if the whole period of employment of such employee had been in the service of the department, or in the position, to which the said employee had been transferred.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-6 - De facto officers and employees; right to compensation

40A:9-6. De facto officers and employees; right to compensation
Any person who has held or who may hereafter hold, de facto, any office or position in the public service of any county or municipality, and who has or shall have performed the duties thereof, shall be entitled to the emoluments and compensation appropriate to such office or position for the time in fact so held and may recover therefor in any court of competent jurisdiction, notwithstanding any refusal or failure of any other person or officer to approve or authorize the payment of said emoluments and compensation.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-7 - Leaves of absence with pay to certain officers and employees

40A:9-7. Leaves of absence with pay to certain officers and employees
The board of chosen freeholders of any county, by resolution, or the governing body of any municipality, by ordinance, may provide for granting leaves of absence with pay not exceeding one year, to any of its officers or employees who shall be injured or disabled resulting from or arising out of his employment, provided that the examining physician appointed by the county or the municipality shall certify to such injury or disability.
L.1971, c. 200, s. 1, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-7.1 - Leaves of absence; athletic competition on world, Pan American or Olympic level; reimbursement by state

40A:9-7.1. Leaves of absence; athletic competition on world, Pan American or Olympic level; reimbursement by state
Any county or municipal employee who qualifies as a member of the United States team for athletic competition on the world, Pan American or Olympic level, in a sport contested in either Pan American or Olympic competitions, shall be granted a leave of absence with pay and without loss of rights, privileges and benefits, and without interruption of membership in any retirement system for the purpose of preparing for and engaging in the competition. The paid leave granted pursuant to this act shall be no more than 90 calendar days in 1 year or the combined days of the official training camp and competition, whichever is less.
Any county or municipality which grants employees leaves of absence pursuant to the provisions of this act shall be reimbursed by the State, for the full amount of the actual cost of employing substitutes for said employees.
L.1978, c. 99, s. 3, eff. Aug. 14, 1978.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:9-7.2 - Leave of absence for members of legislature

40A:9-7.2. Leave of absence for members of legislature
Any person employed by any county, municipality, or agency thereof who is a member of the Senate or General Assembly of the State of New Jersey shall be entitled to time off from his duties as such employee, without loss of pay, during the periods of his attendance at regular or special sessions of the Legislature and hearings or meetings of any legislative committee or commission.
L.1979, c. 277, s. 1, eff. Jan. 3, 1980.