reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68A-62 - Bonds as legal investments

40:68A-62. Bonds as legal investments
Notwithstanding any restriction contained in any other law, the State and all public officers, municipalities, counties, political subdivisions and public bodies, and agencies thereof, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees and other fiduciaries, may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any bonds issued pursuant to this act, and such bonds shall be authorized security for any and all public deposits.
L.1960, c. 192, p. 830, s. 34, eff. Feb. 15, 1961.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68A-63 - Tax exemptions

40:68A-63. Tax exemptions
Every port system and all other properties of a municipal port authority are hereby declared to be public property of a political subdivision of the State and devoted to an essential public and governmental function and purpose and shall be exempt from all taxes and special assessments of the State or any subdivision thereof. All bonds issued pursuant to this act are hereby declared to be issued by a political subdivision of this State and for an essential public and governmental purpose and to be a public instrumentality and such bonds, and the interest thereon and the income therefrom, and all facility charges, funds, revenues and other moneys pledged or available to pay or secure the payment of such bonds, or interest thereon, shall at all times be exempt from taxation except for transfer, inheritance and estate taxes and taxes on transfers by or in contemplation of death.
L.1960, c. 192, p. 830, s. 35, eff. Feb. 15, 1961.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68A-64 - Pledge of state to bondholders

40:68A-64. Pledge of state to bondholders
The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds issued pursuant to a bond resolution of a municipal port authority adopted pursuant to this act that the State will not limit or alter the rights hereby vested in the municipal port authority to acquire, construct, maintain, reconstruct and operate its port system, or to fix, establish, charge and collect its facility charges and to fulfill the terms of any agreement made with the holders of such bonds or other obligations, so as to in any way impair the rights or remedies of such holders, and will not modify in any way the exemptions from taxation provided for in this act, until the bonds, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged.
L.1960, c. 192, p. 831, s. 36, eff. Feb. 15, 1961.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68A-65 - Banks authorized to give undertaking; deposits

40:68A-65. Banks authorized to give undertaking; deposits
All banks, bankers, trust companies, savings banks, investment companies and other persons carrying on a banking business are hereby authorized to give to any municipal port authority a good and sufficient undertaking with such sureties as shall be approved by the municipal port authority to the effect that such bank or banking institution as hereinbefore described shall faithfully keep and pay over to the order of or upon the warrant of the municipal port authority or its authorized agent all such funds as may be deposited with it by the municipal port authority and agreed interest thereon, at such times or upon such demands as may be agreed with the municipal port authority or in lieu of such sureties, deposit with the municipal port authority or its authorized agent or any trustee therefor or for the holders of any bonds, as collateral, such securities as the municipal port authority may approve. The deposits of the municipal port authority may be evidenced by a depository collateral agreement in such form and upon such terms and conditions as may be agreed upon by the municipal port authority and such bank or banking institution.
L.1960, c. 192, p. 831, s. 37, eff. Feb. 15, 1961.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68A-66 - Annual audit

40:68A-66. Annual audit
Each municipal port authority shall cause an annual audit of its accounts to be made, and for this purpose it shall employ a registered municipal accountant of New Jersey or a certified public accountant of New Jersey. The audit shall be completed and filed with the municipal port authority within 4 months after the close of the fiscal year of the municipal port authority and a certified duplicate copy thereof shall be filed in the office of the Division of Local Government in the Department of the Treasury and in the office of the chief financial officer of the local unit within 5 days after the original report is filed with the municipal port authority.
L.1960, c. 192, p. 832, s. 38, eff. Feb. 15, 1961.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68A-67 - Filing certified copies of bond resolutions and annual budgets

40:68A-67. Filing certified copies of bond resolutions and annual budgets
Each municipal port authority shall file a certified copy of each bond resolution adopted by it in the office of the Division of Local Government in the Department of the Treasury, together with a certified summary of the dates, amounts, maturities and interest rates of all bonds to be issued pursuant thereto prior to the issuance of any such bonds. Upon the adoption of each annual budget of a municipal port authority or amendment thereof, a certified copy thereof shall be filed forthwith in the office of said Division of Local Government.
L.1960, c. 192, p. 832, s. 39, eff. Feb. 15, 1961.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68A-68 - Liberal construction

40:68A-68. Liberal construction
This act shall be construed liberally to effectuate the legislative intent and as complete and independent authority for the performance of each and every act and thing herein authorized, and a municipal port authority shall not be subject to, or constitute a municipality or agency or component of a municipality subject to, the provisions of chapter 50 or any other provisions of Title 40 of the Revised Statutes, or be subject to regulation as to its facility charges by any officer, board, agency, commission or other office of the State.
L.1960, c. 192, p. 832, s. 40, eff. Feb. 15, 1961.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68A-69 - Partial invalidity

40:68A-69. Partial invalidity
If any section, subsection, clause or provision of this act shall be adjudged unconstitutional or to be ineffective in whole or in part, to the extent that it is not adjudged unconstitutional or is not ineffective, it shall be valid and effective and no other section, subsection, clause or provision of this act shall on account thereof be deemed invalid or ineffective, and the inapplicability or invalidity of any section, subsection, clause or provision of this act in any 1 or more instances or under any 1 or more circumstances shall not be taken to affect or prejudice in any way its applicability or validity in any other instance or under any other circumstance.
L.1960, c. 192, p. 833, s. 41, eff. Feb. 15, 1961.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-1 - Election on question whether charter commission shall be elected

40:69A-1. Election on question whether charter commission shall be elected
(a) Whenever authorized by ordinance of the governing body or upon petition of the registered voters of any municipality, an election shall be held in the municipality upon the question: "Shall a charter commission be elected to study the charter of and to consider a new charter or improvements in the present charter and to make recommendations thereon?" The petition calling for such election shall be in the form required by subsection (b) hereof and shall be signed by the following per centum of registered voters of the municipality:
25% in municipalities of 7,000 or less inhabitants;
20% in municipalities of more than 7,000 and less than 70,000 inhabitants;
10% in municipalities of 70,000 or more inhabitants.
In either event, the municipal clerk shall provide for the submission of the question and for the election of a charter commission at the next general or regular municipal election, occurring not less than 75 days after the passage of the ordinance or the filing of the petition with the clerk. At the election the question above stated shall be submitted as other public questions are submitted to the voters of a single municipality.
(b) A petition under this section shall conform to the requirements of form for petitions under sections 17-37 through 17-39 hereof (except that there shall be no reference therein to any ordinance) and shall be subject to examination, certification and amendment as therein provided.
L.1950, c. 210, p. 460, s. 1-1. Amended by L.1953, c. 254, p. 1741, s. 1; L.1954, c. 69, p. 423, s. 1, eff. June 24, 1954.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-2 - Election of charter commission members at same time public question is submitted

40:69A-2. Election of charter commission members at same time public question is submitted
A charter commission of five members shall be elected by the qualified voters at the same time as the public question is submitted. Duly nominated candidates for the office of charter commissioner shall be placed upon the ballot containing the public question in the same manner as is provided by law for candidates nominated by petition for other offices elective by the people of a single municipality, except that they shall be listed without any designation or slogan. Each voter shall be instructed to vote on the question and, regardless of the manner of his vote on the question, to vote for five members of a charter commission who shall serve if the question is determined in the affirmative.
L.1950, c. 210, p. 461, s. 1-2, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-3 - Candidates for charter commission

40:69A-3. Candidates for charter commission
Candidates for the charter commission shall be registered voters of the municipality. They may be nominated by petition signed by at least 3% or 100, whichever is the lesser number, but at no time shall such number be less than 10, of the registered voters of the municipality, and filed with the municipal clerk not less than 60 days prior to the date of the election.
(a) Each nominating petition shall set forth the names, places of residence, and post-office addresses of the candidate or candidates thereby nominated, that the nomination is for the office of charter commissioner and that the petitioners are legally qualified to vote for such candidate or candidates. Every voter signing a nominating petition shall add to his signature, his place of residence, post-office address and street number, if any. No voter shall sign a petition or petitions for more than five candidates.
(b) Each nominating petition shall, before it may be filed with the municipal clerk, contain an acceptance of such nomination in writing, signed by the candidate or candidates therein nominated, upon or annexed to such petition, or if the same person or persons be named in more than one petition, upon or annexed to one of such petitions. Such acceptance shall certify that the candidate is a registered voter of the municipality, that the nominee consents to stand as a candidate at the election and that if elected he agrees to take office and serve.
(c) Each nominating petition shall be verified by an oath or affirmation of one or more of the signers thereof, taken and subscribed before a person qualified under the laws of New Jersey to administer an oath, to the effect that the petition was signed by each of the signers thereof in his proper handwriting, that the signers are, to the best knowledge and belief of the affiant, registered voters of the municipality, and that the petition is prepared and filed in good faith for the sole purpose of endorsing the person or persons named therein for election as stated in the petition.
L.1950, c. 210, p. 461, s. 1-3, eff. June 8, 1950. Amended by L.1975, c. 372, s. 1, eff. March 3, 1976.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-4 - Canvass of election

40:69A-4. Canvass of election
The result of the votes cast for and against the adoption of the public question shall be returned by the election officers, and a canvass of such election had, as is provided by law in the case of other public questions put to the voters of a single municipality. The votes cast for members of the charter commission shall be counted, and the result thereof returned by the election officers, and a canvass of such election had as is provided by law in the case of the election of members of the local governing body. The five candidates receiving the greatest number of votes shall be elected and shall constitute the charter commission, provided that if a majority of those voting on the public question shall vote against the election of a charter commission, none of the candidates shall be elected. If two or more candidates shall be equal and greatest in votes they shall draw lots to determine which one shall be elected.
L.1950, c. 210, p. 462, s. 1-4, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-5 - Organization of charter commission; quorum; majority required for effective recommendations

40:69A-5. Organization of charter commission; quorum; majority required for effective recommendations
As soon as possible and in any event no later than fifteen days after its election, the charter commission shall organize and hold its first meeting and elect one of its members as chairman, fix its hours and place of meeting, and adopt such rules for the conduct of its business as it may deem necessary and advisable. A majority of the members of said commission shall constitute a quorum for the transaction of business but no recommendation of said commission shall have any legal effect pursuant to sections 1-15 and 1-16 of this act unless adopted by a majority of the whole number of the members of the commission.
L.1950, c. 210, p. 462, s. 1-5, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-6 - Vacancies in charter commission

40:69A-6. Vacancies in charter commission
In case of any vacancy in the charter commission, the remaining members of such commission shall fill it by appointing thereto some other properly qualified citizen.
L.1950, c. 210, p. 463, s. 1-6, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-7 - Duties of charter commission

40:69A-7. Duties of charter commission
It shall be the function and duty of the charter commission to study the form of government of the municipality, to compare it with other available forms under the laws of this State, to determine whether or not in its judgment the government of the municipality could be strengthened, made more clearly responsive or accountable to the people or whether its operation could be more economical or efficient, under a changed form of government.
L.1950, c. 210, p. 463, s. 1-7, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-8 - No compensation; expenses of commission members; consultants and assistants

40:69A-8. No compensation; expenses of commission members; consultants and assistants
Members of the charter commission shall serve without compensation but shall be reimbursed by the municipality for their necessary expenses incurred in the performance of their duties.
Within the limits of such appropriations and privately contributed funds and services as shall be made available to it, the charter commission may appoint one or more consultants and clerical and other assistants to serve at the pleasure of the commission and may fix a reasonable compensation to be paid such consultants and clerical and other assistants.
L.1950, c. 210, p. 463, s. 1-8, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-9 - Hearings; public forums

40:69A-9. Hearings; public forums
The charter commission shall hold public hearings, may hold private hearings and sponsor public forums and generally shall provide for the widest possible public information and discussion respecting the purposes and progress of its work.
L.1950, c. 210, p. 463, s. 1-9, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-10 - Report of charter commission; copies

40:69A-10. Report of charter commission; copies
The charter commission shall report its findings and recommendations to the citizens of the municipality in accordance with section 1-7 within 9 calendar months from the date of its election. For this purpose it shall file with the municipal clerk an original signed copy of any final report containing said findings and recommendations made by any member of the commission. It shall also deliver to the municipal clerk sufficient copies of any such report to permit distribution to any interested citizen. The municipal clerk shall deliver a copy of any such report to each member of the governing body. If the charter commission, or any member or members thereof shall recommend the adoption of any of the optional plans of government as authorized in section 1-12(a) or 1-13, such report shall contain the complete plan as recommended.
L.1950, c. 210, p. 463, s. 1-10. Amended by L.1953, c. 254, p. 1742, s. 2; L.1960, c. 88, p. 571, s. 1, eff. July 5, 1960.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-11 - Discharge of charter commission; change of recommendation; amended report

40:69A-11. Discharge of charter commission; change of recommendation; amended report
(a) The charter commission shall be discharged upon the filing of its report; provided, that if the commission's recommendations require further procedure on the part of the governing body or the people of the municipality pursuant to section 1-15 or 1-16 of this act, the commission shall not be discharged until the procedure required under those sections has been finally concluded.
(b) Any charter commission which has not been discharged pursuant to subsection (a) above may, any time before the procedure required under section 1-15 or 1-16 of this act has not been finally concluded, but not later than one year from the date of the publication of its final report pursuant to section 1-10 of this act, modify or change any recommendation set forth in said final report by publishing an amended report in accordance with the provision of section 1-10 hereof.
(c) Whenever a charter commission issues an amended report pursuant to subsection (b) above, such amended report shall supersede the final report and such final report shall cease to have any legal effect under this act.
(d) The procedure to be taken under the amended report shall be governed by all provisions of article 1 of this act applicable to the final report of a charter commission submitted pursuant to section 1-10 of this act.
L.1950, c. 210, p. 464, s. 1-11. Amended by L.1953, c. 254, p. 1742, s. 3, eff. July 20, 1953.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-12 - Report and recommendations

40:69A-12. Report and recommendations
1-12. The charter commission may report and recommend:
(a) That a referendum shall be held to submit to the qualified voters of the municipality the question of adopting one of the plans of government authorized in this act, and such of the alternative provisions as permitted thereunder, to be specified by the commission; or
(b) That the governing body shall petition the Legislature for the enactment of a special charter or for one or more specific amendments of or to the charter of the municipality, the text of which shall be appended to the charter commission's report pursuant to Article IV, Section VII, Paragraph 10, of the Constitution of 1947 and to the enabling legislation enacted thereunder to the extent that such legislation is not inconsistent herewith; or
(c) That the form of government of the municipality shall remain unchanged; or
(d) That the charter of the municipality adopted under P.L.1950, c.210 (C.40:69A-1 et seq.) be amended to adopt one of the alternative provisions authorized under the current plan of government of the municipality, in which case a referendum shall be held to submit the question to the qualified voters of the municipality in the same manner as required for an ordinance adopted to that effect pursuant to sections 7 through 11 of P.L.1981, c.465 (40:69A-25.1 through 40:69A-25.5) and sections 17-42 through 17-47 of P.L.1950, c.210 (C.40:69A-191 through 40:69A-196); or
(e) Such other action as it may deem advisable consistent with its functions as set forth in section 1-7 of this article.
L.1950,c.210,s.1-12; amended 1953,c.254,s.4; 1981,c.465,s.1; 1991,c.430,s.1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-13 - Number of council members and wards; recommendations

40:69A-13. Number of council members and wards; recommendations
(a) If the charter commission shall recommend the adoption of the mayor-council plan of government or the council-manager plan of government, it may also specify that the municipal council shall consist of seven or nine members instead of five members as provided therein; or if the charter commission shall recommend the adoption of the small municipality plan of government, it may also specify that the council shall consist of five or seven members instead of three members as provided therein.
(b) If the charter commission shall recommend the adoption of the mayor-council plan of government or the council-manager plan of government it may further specify that the municipality shall be divided into two, three, four, five or six wards within the limitations hereinafter provided:
(1) Where the council is to consist of five members, the municipality may be divided into two or three wards;
(2) Where the charter commission specifies that the council shall consist of seven members, the municipality shall be divided into four wards; and
(3) Where the charter commission specifies that the council shall consist of nine members, the municipality shall be divided into five or six wards.
L.1950, c. 210, p. 465, s. 1-13. Amended by L.1953, c. 254, p. 1743, s. 5, eff. July 20, 1953; L.1973, c. 234, s. 1, eff. Oct. 24, 1973; L.1981, c. 465, s. 2, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-14 - Form of question submitted to voters

40:69A-14. Form of question submitted to voters
1-14. The question to be submitted to the voters for the adoption of any of the optional plans of government authorized by this act, including any of the alternatives contained in this act, shall be submitted in the following form or such part thereof as shall be applicable:
"Shall ......(insert name of plan)...... of the Optional Municipal Charter Law, providing for (a division of the municipality into ......(insert number)...... wards, with ......(insert number)...... council members (one to be elected from each ward and ...(insert number)... to be elected at large) for ......(insert "concurrent" or "staggered" terms ......) ......at elections held in ...(insert May or November)... , with the mayor elected ......(insert "directly by the voters" or "by the council from among its members") ......, (insert, if appropriate) with run-off elections to be held thereafter if a sufficient number of candidates fail to attain a majority of votes, be adopted by ...(insert name of municipality)... ?".
L.1950,c.210,s.1-14; amended 1953,c.254,s.6; 1973,c.234,s.2; 1981,c.465,s.3; 1989,c.221,s.1; 1991,c.430,s.2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-15 - Ballots; submission of question of adoption of optional plan of government

40:69A-15. Ballots; submission of question of adoption of optional plan of government
If the charter commission shall recommend that the question of adopting one of the optional plans of government authorized by this act shall be submitted to the voters of the municipality, it shall be the duty of the municipal clerk to cause the question of adoption or rejection to be placed upon the ballot at such time as the commission shall in its report specify. The commission may cause the question to be submitted to the people at the next general or regular municipal election, occurring not less than 60 days following the filing of a copy of the commission's report with the clerk, or at a special election occurring not less than 60 days or more than 120 days after the filing of the report, at such time as the commission's report shall direct. At such election the question of adopting that plan of government recommended by the charter commission shall be submitted to the voters of the municipality in the same manner as other public questions to be voted upon by the voters of a single municipality. The charter commission shall frame the question to be placed upon the ballot as provided in section 1-14 and, if it deems appropriate, an interpretative statement to accompany such question.
L.1950, c. 210, p. 466, s. 1-15. Amended by L.1953, c. 254, p. 1745, s. 7, eff. July 20, 1953; L.1981, c. 465, s. 4, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-16 - Special charter or specific amendments of charters; petition to legislature

40:69A-16. Special charter or specific amendments of charters; petition to legislature
If the charter commission shall propose a special charter or specific amendment or amendments of or to the existing charter of the municipality, it shall be the duty of the governing body of the municipality to forthwith petition the Legislature for a special law or laws, pursuant to the Constitution of 1947 and in the manner provided by general enabling legislation thereunder, to carry out the recommendations of the charter commission.
L.1950, c. 210, p. 466, s. 1-16, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-17 - Other proceedings pending; no new resolution or petition within 4 years

40:69A-17. Other proceedings pending; no new resolution or petition within 4 years
No ordinance may be passed and no petition may be filed for the election of a charter commission pursuant to section 1-1 of this act while proceedings are pending under any other petition or ordinance filed or passed under article 1 of this act, or while proceedings are pending pursuant to section 1-18 hereof or any other statute providing for the adoption of any other charter or form of government available to the municipality, nor within four years after an election shall have been held pursuant to any such ordinance or petition passed or filed pursuant to section 1-1 hereof.
L.1950, c. 210, p. 467, s. 1-17. Amended by L.1953, c. 254, p. 1745, s. 8, eff. July 20, 1953.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-18 - Adoption of optional plan without charter commission

40:69A-18. Adoption of optional plan without charter commission
The legally qualified voters of any municipality may adopt any of the optional plans provided in this act upon petition and referendum, without a charter commission, hereinafter provided.
L.1950, c. 210, p. 467, s. 1-18. Amended by L.1953, c. 254, p. 1746, s. 9, eff. July 20, 1953; L.1973, c. 234, s. 3, eff. Oct. 24, 1973; L.1981, c. 465, s. 5, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-19 - Petition for election upon adoption of optional plan of government

40:69A-19. Petition for election upon adoption of optional plan of government
Upon petition of the registered voters of any municipality, an election shall be held in the municipality upon the question of adopting any of the optional plans of government provided in this act. The petition calling for such election shall be subject to the provisions of section 1-1(b) hereof and shall be signed by the following per centum of registered voters of the municipality:
(a) 25% in municipalities of 7,000 or less inhabitants;
(b) 20% in municipalities of more than 7,000 and less than 70,000 inhabitants;
(c) 10% in municipalities of 70,000 or more inhabitants.
The petition shall designate the plan to be voted upon, which may include any of the alternatives provided in this act and the question to be placed upon the ballot shall be in the same form as is required by section 1-14 of this article.
L.1950, c. 210, p. 467, s. 1-19. Amended by L.1953, c. 254, p. 1746, s. 10; L.1954, c. 69, p. 424, s. 2, eff. June 24, 1954; L.1981, c. 465, s. 6, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-20 - Submission of question

40:69A-20. Submission of question
The municipal clerk shall provide for the submission of the question at the next general or regular municipal election if one is to be held not less than sixty days nor more than one hundred twenty days after the filing of the petition, and if a general or regular municipal election is not to be held within that time, at a special election within such time. The question of adoption of an optional plan of government shall be submitted to the voters of the municipality in the same manner as other public questions to be voted upon by the voters of a single municipality.
L.1950, c. 210, p. 468, s. 1-20, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-21 - Other proceedings pending; no new petition within 4 years

40:69A-21. Other proceedings pending; no new petition within 4 years
No petition for submission of the question of adopting an optional plan of government pursuant to section 1-18 et seq. of this act may be filed while proceedings are pending pursuant to another such petition, or under an ordinance passed or petition filed pursuant to section 1-1 of this act, or while proceedings are pending pursuant to any other statute for the adoption of any other charter or form of government available to the municipality, nor within four years after an election shall have been held pursuant to any such petition filed pursuant to section 1-18 et seq. of this act.
L.1950, c. 210, p. 468, s. 1-21. Amended by L.1953, c. 254, p. 1746, s. 11, eff. July 20, 1953.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-22 - Vote in favor of change in form of government

40:69A-22. Vote in favor of change in form of government
Whenever the legally qualified voters of any municipality by a majority of those voting on the question, vote in favor of adopting a change in their form of government pursuant to this act, either by the charter commission method or by direct petition and referendum, the proposed charter or charter amendment or amendments shall take effect according to its terms.
L.1950, c. 210, p. 468, s. 1-22, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-23 - Optional form of government; adoption, no vote for 10 years thereafter to change.

40:69A-23 Optional form of government; adoption, no vote for 10 years thereafter to change.
1-23. The voters of any municipality which has adopted an optional form of government pursuant to this act may not vote on the question of adopting another form of government until 10 years thereafter.
L.1950, c.210, s.1-23; amended 2009, c.339, s.3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-24 - Each optional plan declared complete form of government

40:69A-24. Each optional plan declared complete form of government
For the purposes of this act each of the optional plans of government provided in this act, and each of said optional plans as modified by any available provisions concerning the time of elections, size and terms of council and number of wards, is hereby declared to be a complete and separate form of government provided by the Legislature for submission to the voters of the municipality.
L.1950, c. 210, p. 468, s. 1-24. Amended by L.1953, c. 254, p. 1747, s. 12, eff. July 20, 1953; L.1973, c. 234, s. 4, eff. Oct. 24, 1973; L.1981, c. 465, s. 12, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-25.3 - Group C alternative; adoption; transitional provisions

40:69A-25.3. Group C alternative; adoption; transitional provisions
Whenever any municipality shall, pursuant to the authority granted in section 7 of this act, amend its charter only to include an alternative permitted under its plan of government and included in group C. of subsection b. of section 7 of this act, the transitional provisions of this section shall apply.
a. If the amended charter shall provide for the election of all council members for concurrent terms in a municipality where prior to the amendment council members were elected for staggered terms, at the next election at which municipal officers are elected, and at each succeeding municipal election thereafter until such time as it shall occur that all council members shall be elected at the same election, council members elected at that election shall serve for a term equal in years to the number which the council member currently serving and having the greatest number of years remaining of his term has yet to serve of his term. At the election that it shall occur that all council members shall be elected at the same time, each council member shall be elected for the term of years provided in the amended charter.
b. If the amended charter shall provide for the election of council members for staggered terms in a municipality where prior to the amendment council members were elected for concurrent terms, the amendment to the charter shall take effect for the next election at which municipal officers are elected in the municipality.
L.1981, c. 465, s. 9, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-25.4 - Group D alternative; adoption; transitional provisions

40:69A-25.4. Group D alternative; adoption; transitional provisions
Whenever any municipality shall, pursuant to the authority granted in section 7 of this act, amend its charter only to include an alternative permitted under its plan of government and included in group D. of subsection b. of section 7 of this act, the transitional provisions of this section shall apply.
a. If a municipality in which the mayor is elected by the members of the council shall adopt an amendment to its charter providing for the election of the major directly by the voters of the municipality, the amendment shall take effect for the next election held in the municipality at which municipal officers are elected, in accordance with the provisions of the amended charter. Any mayor currently serving on the date of that election shall, upon and after the date of the commencement of the term of the mayor elected at that election, serve as a member of the council for the remainder of his term but shall not exercise the powers or duties of mayor.
b. If a municipality in which the mayor is elected directly by the voters of the municipality shall adopt an amendment to its charter providing for the election of the mayor by the members of the council, the amendment shall take effect the first day of the next full month after adoption. On that date the members of the council currently serving shall meet and elect one of their number as mayor to serve until the first day of July, or January, as appropriate, next, at which time the members shall elect one of their number to serve a full term as mayor, pursuant to the amended charter. Any mayor serving on the effective date of the amendment shall, on and after that date, serve as a member of the council for the remainder of his term, but shall not exercise the powers or duties of mayor unless elected by the council.
L.1981, c. 465, s. 10, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-26 - Laws governing after adoption of optional form of government

40:69A-26. Laws governing after adoption of optional form of government
Upon the adoption by the qualified voters of any municipality of any of the optional forms of government set forth in this act, the municipality shall thereafter be governed by the plan adopted, by the provisions of this act common to optional plans and by all applicable provisions of general law, subject to the transitional provisions of article 17 of this act, unless and until the municipality should adopt another form of government as provided by law.
L.1950, c. 210, p. 470, s. 2-1, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-27 - Municipality remains body corporate and politic; name

40:69A-27. Municipality remains body corporate and politic; name
Upon such adoption of a plan under this act, the inhabitants of any municipality or municipalities within the corporate limits as now or hereafter established shall be and remain a body corporate and politic with perpetual succession, and with such corporate name as it has heretofore adopted or may hereafter adopt.
L.1950, c. 210, p. 471, s. 2-2, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-28 - "General law" defined

40:69A-28. "General law" defined
For the purposes of this act, a "general law" shall be deemed to be any law or provision of law, not inconsistent with this act, heretofore or hereafter enacted which is by its terms applicable or available to all municipalities, and the following additional laws whether or not such additional laws are so applicable or available to all municipalities: legislation relating to taxation, local courts, education, health, public authorities serving more than one municipality, and municipalities in unsound financial condition.
L.1950, c. 210, p. 471, s. 2-3, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-30 - Power of local self-government conferred; construction of grants of power

40:69A-30. Power of local self-government conferred; construction of grants of power
The general grant of municipal power contained in this article is intended to confer the greatest power of local self-government consistent with the Constitution of this State. Any specific enumeration of municipal powers contained in this act or in any other general law shall not be construed in any way to limit the general description of power contained in this article, and any such specifically enumerated municipal powers shall be construed as in addition and supplementary to the powers conferred in general terms by this article. All grants of municipal power to municipalities governed by an optional plan under this act, whether in the form of specific enumeration or general terms, shall be liberally construed, as required by the Constitution of this State, in favor of the municipality.
L.1950, c. 210, p. 472, s. 2-5, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-31 - Applicable laws

40:69A-31. Applicable laws
The form of government provided in this article shall be known as the "mayor-council plan and shall, together with articles 2 and 17, govern any municipality the voters of which have adopted it pursuant to this act.
L.1950, c. 210, p. 472, s. 3-1, eff. June 8, 1950. Amended by L.1981, c. 465, s. 13, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-32 - Mayor-council plan

40:69A-32. Mayor-council plan
a. Each municipality hereunder shall be governed by an elected council, and an elected mayor and by such other officers and employees as may be duly appointed pursuant to this article, general law or ordinance.
b. For the purpose of the construction of all other applicable statutes, unless the explicit terms and context of the statute require a contrary construction, any administrative or executive functions assigned by general law to the governing body shall be exercised by the mayor, and any legislative and investigative functions assigned by general law to the governing body shall be exercised by the council. Those functions shall be exercised pursuant to the procedures set forth in this plan of government, unless other procedures are required by the specific terms of the general law.
L. 1950, c. 210, p. 472, s. 3-2, eff. June 8, 1950. Amended by L. 1985, c. 374, s. 1, eff. Nov. 26, 1985.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-33 - Mayor; election; term

40:69A-33. Mayor; election; term
The mayor shall be elected by the voters of the municipality, and shall serve for a term of 4 years.
L.1950, c. 210, p. 473, s. 3-3, eff. June 8, 1950. Amended by L.1981, c. 465, s. 14, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-34 - Council members; number; term

40:69A-34. Council members; number; term
The council shall consist of five members, unless otherwise provided in the municipal charter, who shall serve for a term of 4 years.
L.1950, c. 210, p. 473, s. 3-4, eff. June 8, 1950. Amended by L.1981, c. 465, s. 15, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-34.1 - Mayor-council plan; election of mayor and council; regular municipal or general election

40:69A-34.1. Mayor-council plan; election of mayor and council; regular municipal or general election
Any municipality adopting a mayor-council plan of government shall provide in its charter that the mayor and council shall be elected by the voters of the municipality either:
a. At a regular municipal election held on the second Tuesday in May in the years in which municipal officers are to be elected, in which case the term of office of the mayor and council members shall begin on July 1 next following their election; or
b. At the general election held on the first Tuesday after the first Monday in November or at such other time as may be provided by law for holding general elections, in which case the term of office of the mayor and council members shall begin on January 1 next following their election.
L.1981, c. 465, s. 16, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-34.2 - Council members; election at large or by ward

40:69A-34.2. Council members; election at large or by ward
Any municipality adopting a mayor-council plan of government shall provide in its charter either:
a. That the council members shall be elected at large by the voters of the municipality at the regular municipal election, or general election, as the charter shall provide; or
b. That the municipality shall be divided into wards pursuant to the authority granted in section 1-13 or 1-19 (C.40:69A-13 or 40:69A-19); that council members shall be elected at large and by wards at the regular municipal election or general election, as the charter shall provide; and that no more than one council member shall be elected from each ward established in the municipality, and all other council members shall be elected at large.
L.1981, c.465, s.17; amended 1989,c.221,s.2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-34.3 - First council members; terms of office

40:69A-34.3. First council members; terms of office
a. Any municipality adopting a mayor-council plan of government may provide in its charter that the council members elected at the first regular municipal election or general election, as the charter shall provide, following the adoption of the plan shall serve for the following terms: if the municipal council is to consist of five members, two shall serve for four years and three for two years; if the municipal council is to consist of seven members, three shall serve for four years and four for two years; or if the municipal council is to consist of nine members, four shall serve for four years and five for two years. The length of the respective term of each member of the first council shall be determined by lot at the organization of the council immediately following the election.
b. Notwithstanding the provisions of subsection a. of this section, if a municipality adopting the provisions of this section shall also provide in its charter that the municipality shall be divided into wards pursuant to the authority granted in section 1-13 or 1-19 (C.40:69A-13 or 40:69A-19), the council members elected at the first regular municipal election or general election, as the charter shall provide, following the adoption of the plan shall serve as follows: the council members elected at large for a term of four years; and the council members elected from wards for a term of two years.
L.1981, c.465, s.18; amended 1989,c.221,s.3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-36 - Legislative power

40:69A-36. Legislative power
The legislative power of the municipality shall be exercised by the municipal council, subject to the procedures set forth in this plan of government. Legislative powers shall be exercised by ordinance, except for the exercise of those powers that, under this plan of government or general law, do not require action by the mayor as a condition of approval for the exercise thereof, and may, therefore, be exercised by resolution, including, but not limited to:
a. The override of a veto of the mayor;
b. The exercise of advice and consent to actions of the mayor;
c. The conduct of a legislative inquiry or investigation;
d. The expression of disapproval of the removal by the mayor of officers or employees;
e. The removal of any municipal officer for cause;
f. The adoption of rules for the council;
g. The establishment of times and places for council meetings;
h. The establishment of the council as a committee of the whole and the delegation of any number of its members as an ad hoc committee;
i. The declaration of emergencies respecting the passage of ordinances;
j. The election, appointment, setting of salaries and removal of officers and employees of the council, subject to any pertinent civil service requirements and any pertinent contractual obligations, and within the general limits of the municipal budget;
k. Designation of official newspapers;
l. Approval of contracts presented by the mayor;
m. Actions specified as resolutions in the "Local Budget Law" (N.J.S. 40A:4-1 et seq.) and the "Local Fiscal Affairs Law" (N.J.S. 40A:5-1 et seq.); and
n. The expression of council policies or opinions which require no formal action by the mayor.
L. 1950, c. 210, p. 473, s. 3-6, eff. June 8, 1950. Amended by L. 1985, c. 374, s. 2, eff. Nov. 26, 1985.