reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-59 - Payment in lieu of taxes may be secured by mortgage

40A:12A-59. Payment in lieu of taxes may be secured by mortgage
11. In lieu of the provisions of section 10 of P.L.1996, c.73 (C.40A:12A-58), the municipality may provide in the agreement that the payment in lieu of taxes, if any, is to be secured by a mortgage. In that event the mortgage may also be assigned and pledged to the repayment of the bonds authorized herein.
The assignment of any mortgage that secures a payment in lieu of taxes, if any, may also be an absolute assignment of all or part of the municipality's right, title, and interest in the mortgage and, to the extent assigned, any moneys realized from the foreclosure of the mortgaged property shall not be included in the general funds of the municipality.
After the bonds or other obligations are paid and no longer deemed to be outstanding, the assignment of the mortgage shall terminate.
L.1996,c.73,s.11.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-60 - Bonds exempt from taxation; exceptions

40A:12A-60. Bonds exempt from taxation; exceptions
12. 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 the 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 the bonds, or interest thereon, shall at all times be exempt from taxation except for transfer inheritance and estate taxes.
L.1996,c.73,s.12.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-61 - Pledge, covenant, agreement with bond holders

40A:12A-61. Pledge, covenant, agreement with bond holders
13. The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds issued pursuant to this act that the State will not limit or alter the terms of any agreement, ordinance or resolution made in connection with the security for and the issuance and sale of any bonds, so as to in any way impair the rights or remedies of such holders, and will not modify in any way the exemption 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 or provided for.
L.1996,c.73,s.13.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-62 - Severability

40A:12A-62. Severability
14. If any section, subsection, clause or provision of this act shall be adjudged to be unconstitutional or 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 one or more instances or under any one 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.1996,c.73,s.14.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-63 - Bonds, notes, obligations presumed fully authorized, issued

40A:12A-63. Bonds, notes, obligations presumed fully authorized, issued
15. After issuance, pursuant to this act, all bonds, notes or other obligations shall be conclusively presumed to be fully authorized and issued by all courts and officers of this State, and any person shall be estopped from questioning their sale, execution or delivery.
L.1996,c.73,s.15.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-64 - Short title

40A:12A-64. Short title
1. Sections 1 through 10 of P.L.2001, c.310 (C.40A:12A-64 et seq.) shall be known and may be cited as the "Redevelopment Area Bond Financing Law."
L.2001,c.310,s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-69 - Payment secured by mortgage

40A:12A-69. Payment secured by mortgage
6. In lieu of, or in addition to, the provisions of section 5 of P.L.2001, c.310 (C.40A:12A-68), the municipality may provide in the agreement that the payment in lieu of taxes, if any, is to be secured by a mortgage. In that event the mortgage may also be assigned and pledged to the repayment of the bonds authorized herein.
The assignment of any mortgage that secures a payment in lieu of taxes, if any, may also be an absolute assignment of all or part of the municipality's right, title, and interest in the mortgage and, to the extent assigned, any moneys realized from the foreclosure of the mortgaged property shall not be included in the general funds of the municipality.
After the bonds are paid and no longer deemed to be outstanding, the assignment of the mortgage shall terminate.
L.2001,c.310,s.6.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-70 - Bonds exempt from taxation

40A:12A-70. Bonds exempt from taxation
7. All bonds issued pursuant to the "Redevelopment Area Bond Financing Law," P.L.2001, c.310 (C.40A:12A-64 et seq.) are hereby declared to be issued by a political subdivision of this State and for an essential public and governmental purpose and the 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 the bonds, or interest thereon, shall at all times be exempt from taxation except for transfer inheritance and estate taxes.
L.2001,c.310,s.7.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-71 - Covenant, agreement with bondholders

40A:12A-71. Covenant, agreement with bondholders
8. The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds issued pursuant to the "Redevelopment Area Bond Financing Law,"P.L.2001, c.310 (C.40A:12A-64 et seq.) that the State will not limit or alter the terms of any agreement, ordinance or resolution made in connection with the security for and the issuance and sale of any bonds, so as to in any way impair the rights or remedies of such holders, and will not modify in any way the exemption from taxation provided for in the "Redevelopment Area Bond Financing Law," P.L.2001, c.310 (C.40A:12A-64 et seq.), 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 or provided for.
L.2001,c.310,s.8.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-72 - Severability

40A:12A-72. Severability
9. If any section, subsection, clause or provision of the "Redevelopment Area Bond Financing Law," P.L.2001, c.310 (C.40A:12A-64 et seq.) shall be adjudged to be unconstitutional or 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 the "Redevelopment Area Bond Financing Law," P.L.2001, c.310 (C.40A:12A-64 et seq.) shall on account thereof be deemed invalid or ineffective, and the inapplicability or invalidity of any section, subsection, clause or provision of the "Redevelopment Area Bond Financing Law," P.L.2001, c.310 (C.40A:12A-64 et seq.) in any one or more instances or under any one 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.2001,c.310,s.9.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-73 - Bond resolution, ordinance, filing for public inspection.

40A:12A-73 Bond resolution, ordinance, filing for public inspection.
10. An authority or municipality, as applicable, shall cause a copy of any bond resolution or bond ordinance, as applicable, adopted by it to be filed for public inspection in the office of the municipal clerk of the municipality wherein the project financed by the bonds is located. In the case of an authority, the resolution also shall be filed for public inspection in its office. The authority or municipality may cause to be published, at least once in a newspaper published or circulating in the municipality, if there be one, and if not, in a newspaper published and circulating in the county, a notice stating the fact and date of the adoption and the places where the bond resolution or bond ordinance, as applicable, has been so filed for public inspection along with the date of the first publication of the notice and also stating that any action or proceeding of any kind or nature in any court questioning the validity or proper authorization of bonds provided for by the bond resolution or bond ordinance, as applicable, or the validity of any covenants, agreements or contracts provided for by the bond resolution or bond ordinance, as applicable, shall be commenced within 20 days after the first publication of that notice. If any such notice shall at any time be published and if no action or proceeding questioning the validity or proper authorization of bonds provided for by the bond resolution or bond ordinance, as applicable, referred to in said notice, or the validity of any covenants, agreements, or contracts provided for by said bond resolution or bond ordinance, as applicable, shall be commenced or instituted within 20 days after the first publication of the notice, then all persons shall be forever barred and foreclosed from instituting or commencing any action or proceeding in any court, or from pleading any defense to any action or proceeding, questioning the validity or proper authorization of such bonds, or the validity of such covenants, agreements, or contracts, and said bonds, covenants, agreements, and contracts shall be conclusively deemed to be valid and binding obligations in accordance with their terms and tenor.
L.2001, c.310, s.10; amended 2018, c.97, s.16.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-74 - Short title.

40A:12A-74 Short title.
1. Sections 1 through 16 of P.L.2019, c.159 (C.40A:12A-74 et seq.) shall be known and may be cited as the "New Jersey Land Bank Law."
L.2019, c.159, s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-75 - Findings, declarations relative to municipal land banking and online mapping.

40A:12A-75 Findings, declarations relative to municipal land banking and online mapping.
2. The Legislature finds and declares that:
a. Difficult economic conditions coupled with the continued high rate of foreclosures have significantly increased the number of vacant, abandoned, and other problem properties in the State's municipalities, particularly its older cities;
b. The continued presence and proliferation of these vacant, abandoned, and other problem properties in the communities of this State has a negative effect on the public health and welfare, reduces property values and municipal revenues, and impedes the economic development and revitalization of the State's municipalities, particularly its older cities;
c. At present, many vacant, abandoned and other problem properties, rather than being productively reused, remain vacant despite frequent changes in ownership, and continue to have a blighting effect on their surroundings;
d. The State's municipalities can benefit from more effective tools to control the inventory of vacant, abandoned, and other problem properties, in order to both minimize the harm that they do in their present condition and to facilitate their restoration to productive use;
e. In order to most effectively engage the local community in identifying problem properties, the State's municipalities can also benefit from the publication of interactive online mapping databases of vacant and abandoned properties;
f. To ensure that land banking activities are conducted in an honest and open manner, the public can also benefit from the inclusion of properties subject to land banking agreements within the interactive online mapping databases regardless of whether or not such properties are vacant and abandoned;
g. It is in the best interest of this State to allow municipalities to designate single entities to act on their behalf to acquire, maintain, and convey, lease and otherwise dispose of vacant, abandoned and problem properties, in order to carry out strategies to ensure that the reuse of these properties provides the greatest long-term benefit to the physical, social and economic condition of the municipality; and
h. It is, therefore, appropriate to identify land banking, and associated land banking activities, including those involving site improvements and the preparation of property for productive reuse, as a public purpose, and to permit a municipality to provide tax-exempt status to properties for so long as they are held as land bank properties.
L.2019, c.159, s.2.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-76 - Definitions relative to municipal land banking and online mapping.

40A:12A-76 Definitions relative to municipal land banking and online mapping.
3. As used in sections 3 through 16 of P.L.2019, c.159 (C.40A:12A-76 through C.40A:12A-89):
"Land bank entity" means a public land bank entity or a non-profit land bank entity.
"Land bank property" means property subject to a land banking agreement.
"Land banking agreement" means an agreement between a municipality and a land bank entity to act on behalf of the municipality to hold, maintain and lease or convey property owned by the municipality and not needed for any public purpose.
"Non-profit land bank entity" means a non-profit entity, established pursuant to the "New Jersey Nonprofit Corporation Act," N.J.S.15A:1-1 et seq., that has entered into a land banking agreement.
"Public land bank entity" means a redevelopment entity that has entered into a land banking agreement. "Redevelopment entity" means either:
(1) A redevelopment entity designated by the municipality pursuant to section 4 of the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-4);
(2) A county improvement authority designated by the municipality to act as a redevelopment entity pursuant to the "county improvement authorities law," P.L.1960, c.183 (C.40:37A-44 et seq.) for the purpose of entering into a land banking agreement with said entity, without regard to whether the county improvement authority is otherwise acting as a redevelopment entity in the municipality; or
(3) The municipality itself, or one of its departments or agencies, but only if the municipality is executing redevelopment responsibilities directly pursuant to section 4 of P.L.1992, c.79 (C.40A:12A-4). In such cases, the designated redevelopment entity shall not need to adopt separate ordinances or resolutions, as appropriate, for the purpose of adopting a land banking agreement or amendments pursuant to subsections d. and e. of section 5 of P.L.2019, c.159 (C.40A:12A-78) and the adoption of one ordinance to create the land banking agreement, and one ordinance for each amendment thereto shall suffice. Termination notice requirements, prescribed by section 14 of P.L.2019, c.159 (C.40A:12A-87), also shall not be necessary.
"Trust agreement" means an agreement between a municipality and land bank entity, pursuant to subsection f. of section 5 of P.L.2019, c.159 (C.40A:12A-78).
L.2019, c.159, s.3.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-77 - Agreement with redevelopment entity.

40A:12A-77 Agreement with redevelopment entity.
4. a. A municipality may enter into a land banking agreement with a redevelopment entity, and designate the redevelopment entity as its land bank entity.
b. A municipality may enter into a land banking agreement with a non-profit entity so long as the by-laws of the non-profit entity provide that the chief financial officer of the municipality serves on the board of the non-profit entity, ex officio.
L.2019, c.159, s.4.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-79 - Land bank entity to act on behalf of municipality.

40A:12A-79 Land bank entity to act on behalf of municipality.
6. Pursuant to the land banking agreement or any subsequent amendment thereto, the land bank entity may be designated by the municipality to:
a. acquire properties on its behalf through contribution, gift, grant, bequest, purchase or otherwise, whether or not the property is located in an area designated as a redevelopment area or an area in need of rehabilitation; and
b. act as its agent, or in place of its municipal officer, with respect to acquisition of property, including but not limited to purchase of tax and other liens, foreclosure of tax and other liens, and individual abandoned property takings pursuant to paragraph (2) of subsection c. of section 37 of the "New Jersey Urban Redevelopment Act," P.L.1996, c.62 (C.55:19-56) on behalf of the municipality and to acquire and hold in trust such properties on behalf of the municipality; provided, however, that nothing in this section shall authorize the use of eminent domain beyond that use already permitted by law.
L.2019, c.159, s.6.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-80 - Authority of land bank entity to hold properties in trust; disposition of tax liens.

40A:12A-80 Authority of land bank entity to hold properties in trust; disposition of tax liens.
7. a. For purposes of this section, a municipality, through the land banking agreement itself, or through the adoption of a separate ordinance, may authorize the land bank entity to hold in trust on behalf of the municipality any property or properties held by the municipality and not being used for any public purpose, whether or not the property is located in an area designated as a redevelopment area or an area in need of rehabilitation, without public bidding and at such prices and upon such terms as the municipality deems reasonable in accordance with parameters that may be established in the land banking agreement. A trust agreement with the land bank entity shall be conditioned on the municipality's ability to regain control of the properties pursuant to section 14 of P.L.2019, c.159 (C.40A:12A-87).
b. Through the land banking agreement itself, or through the adoption of a separate ordinance, a municipality may assign any tax liens or other liens to the land bank entity, subject to the provisions of R.S.54:5-112 and R.S.54:5-113, except that the liens may be assigned with or without consideration and at such prices and upon such terms as the municipality deems reasonable. If an ordinance adopted pursuant to this subsection permits the land bank entity to retain a portion of the interest payments on one or more tax liens, or the proceeds from one or more sheriff's sales or short sales, or both, then the municipality shall retain the authority to, at any time, by ordinance, restrict the amount of one or both of these funding sources that may be retained by the land bank entity following the date of adoption of the ordinance. The terms of a tax lien assignment pursuant to this subsection shall remain intact, without restriction by a subsequent ordinance, for no less than one year.
L.2019, c.159, s.7.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-81 - Powers of redevelopment entity.

40A:12A-81 Powers of redevelopment entity.
8. a. To the extent that the statute under which a redevelopment entity was established, section 4 of P.L.1992, c.79 (C.40A:12A-4) or P.L.1960, c.183 (C.40:37A-44 et seq.) in the case of a county improvement authority, confers on that entity the power to borrow funds and incur debt, the redevelopment entity may exercise those powers in furtherance of its land banking obligations subject to the conditions and limitations set forth in section 4 of P.L.1992, c.79 (C.40A:12A-4) or P.L.1960, c.183 (C.40:37A-44 et seq.).
b. To the extent that the statute under which the redevelopment entity was established, section 4 of P.L.1992, c.79 (C.40A:12A-4) or P.L.1960, c.183 (C.40:37A-44 et seq.) in the case of a county improvement authority, provides that the municipality may guarantee its debt or other borrowing, the municipality may also guarantee its debt or other borrowing under the same terms and conditions, in furtherance of the entity's obligations as a land bank entity.
c. The guaranteeing of debt and borrowing of funds permitted under subsections a. and b. of this section only shall be permitted so long as the land banking agreement itself also explicitly permits these actions.
L.2019, c.159, s.8.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-82 - Terms, conditions for conveyance.

40A:12A-82 Terms, conditions for conveyance.
9. In leasing or conveying land bank property, unless the property is part of an area in need of redevelopment, a redevelopment entity shall not be subject to the provisions of section 9 of P.L.1992, c.79 (C.40A:12A-9), but shall be subject to any terms and conditions set forth in the land banking agreement.
L.2019, c.159, s.9.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-83 - Modifications of land banking agreement.

40A:12A-83 Modifications of land banking agreement.
10. Following entrance into a land banking agreement, the land bank entity may modify its bylaws or other governing documents to address actions taken on land bank property, including but not limited to, the leasing and conveyance of land bank property so long as such modifications are consistent with the provisions of the land banking agreement.
L.2019, c.159, s.10.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-85 - Annual report.

40A:12A-85 Annual report.
12. The land bank entity shall provide an annual report to the municipal governing body and the public describing the properties being held by it as a land bank entity and the activities that it carried out during the year as a land bank entity.
L.2019, c.159, s.12.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-86 - Exemption from property taxation.

40A:12A-86 Exemption from property taxation.
13. The land banking agreement between the municipality and a land bank entity may provide that properties held by the land bank entity in trust on behalf of the municipality pursuant to section 7 of P.L.2019, c.159 (C.40A:12A-80), or acquired by the land bank entity pursuant to section 6 of P.L.2019, c.159 (C.40A:12A-79), are held in trust by the entity on behalf of the municipality for a public purpose and shall be exempt from property taxation until or unless leased or conveyed by the entity on behalf of the municipality or used by the entity for a purpose that is not eligible for exemption from taxation.
L.2019, c.159, s.13.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-87 - Termination of land banking agreement.

40A:12A-87 Termination of land banking agreement.
14. a. (1) The municipality may, by ordinance, terminate the land banking agreement at any time, with or without cause, by providing the land bank entity with one year's notice of termination from the date of the adoption of that ordinance.
(2) Termination of the land banking agreement, pursuant to this subsection, shall not affect the status of any transaction properly entered into by the land bank entity prior to termination.
(3) Within 90 days following the date of termination, the land bank entity shall convey and transfer to the municipality possession of all land bank property without consideration; provided, however, that the municipality and the entity may agree to allow the entity to retain possession and control over any properties that are the subject of a pending transaction by the entity until completion of the transaction, and until the end of any lease.
b. With or without one year's notice to the land bank entity, the municipality may, by ordinance, terminate the land banking agreement upon notification of a determination from the county prosecutor, or the municipal counsel, that the land bank entity, or a director or officer of the land bank entity while acting in their official role, has breached an essential duty of the land banking agreement based upon an act or omission:
(1) in violation of the land bank entity's duty of loyalty to the municipality and the general welfare of the residents of the municipality;
(2) involving a knowing violation of criminal law; or
(3) resulting in the receipt by a director or officer of the land bank entity, or by an associate of such person, of an improper personal benefit.
L.2019, c.159, s.14.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-88 - Land bank entity may act for more than one municipality.

40A:12A-88 Land bank entity may act for more than one municipality.
15. A land bank entity may act as a land bank entity for more than one municipality at the same time, subject to the provisions of the "Uniform Shared Services and Consolidation Act," P.L.2007, c.63 (C.40A:65-1 et seq.).
L.2019, c.159, s.15.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:12A-89 - Payments to municipality.

40A:12A-89 Payments to municipality.
16. a. (1) A municipal governing body may provide, pursuant to the land banking agreement itself, or pursuant to a separate ordinance that a limited series of annual payments shall be made by the municipality to the land bank entity following one or more fiscal years during which a conveyance of one or more land bank properties from the land bank entity to a private owner occurs. Each payment that a municipality commits to making pursuant to this subsection shall be anticipated in the municipal budget adopted for the fiscal year during which the payment shall be made.
(2) A payment budgeted pursuant to this subsection shall be limited by the terms of the ordinance, but this payment shall not exceed 50 percent of property taxes or payments in lieu of taxes due and payable in the fiscal year for all properties that had been land bank properties within the 10 fiscal years prior to the fiscal year for which the payment is budgeted. If a property has been conveyed by a land bank entity more than once, then property taxes and payments in lieu of taxes due and payable for that property shall not be applied to increase the annual limitation established pursuant to this paragraph.
(3) An ordinance adopted pursuant to this subsection may only be applied to real property on which no property tax has been paid, or payment in lieu of taxes collected, for at least two years prior to the property becoming a land bank property. Such ordinance may be applied to any individual conveyance, any group of conveyances, or all future conveyances that fit these criteria.
b. The distribution of any proceeds associated with the sales and leasing of land bank property shall be addressed in the land banking agreement itself and in amendments thereto. Distributions to a land bank entity pursuant to this subsection may be made in addition to payments provided pursuant to subsection a. of this section. Proceeds associated with the sales and leasing of land bank property, and all other proceeds obtained by the land bank entity on behalf of the municipality under the ordinance, shall be maintained in one or more accounts, separate from all other accounts maintained by the entity serving as the land bank entity. The account or accounts shall be deemed to be government records and subject to the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act.
c. As used in this section, "conveyance" shall not be construed to include a lease.
L.2019, c.159, s.16.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-2 - Extension of county boundaries into the ocean; jurisdiction

40A:13-2. Extension of county boundaries into the ocean; jurisdiction
The territorial limits of each county or portion thereof fronting upon the open sea shall extend to a line parallel with the ocean shore line of the county, and distant, easterly, 3 nautical miles therefrom and the division lines between said counties shall extend from the several points where they reach the sea in courses east until they severally reach said outer lines of said counties for all purposes including jurisdiction over criminal and other offenses committed.
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-3 - Application for appointment of commissioners to determine boundary

40A:13-3. Application for appointment of commissioners to determine boundary
Whenever it is necessary for any reason to determine the boundary lines or a portion thereof between adjoining counties, the governing body of one county may, on 30 days' notice in writing signed by the official designated as the chief executive officer of the governing body to the governing body of the other county, apply to the Superior Court for the appointment of commissioners to survey, ascertain and mark the boundaries in conformity, as nearly as may be, with the laws creating the counties.
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-4 - Commissioners; oaths

40A:13-4. Commissioners; oaths
The Superior Court shall appoint three commissioners, who shall not be residents of the concerned counties, to survey, ascertain and mark the boundary line or lines. Before entering upon the performance of their duties, the commissioners shall take and subscribe an oath that they will faithfully and impartially perform their duties.
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-5 - Vacancy

40A:13-5. Vacancy
Upon the vacancy in the office of a commissioner caused by his death, resignation or refusal to serve, the Superior Court shall appoint another commissioner to fill the vacancy.
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-6 - Notice of meeting of commissioners

40A:13-6. Notice of meeting of commissioners
The commissioners shall give 30 days' notice in writing of the time and place of their meeting to perform their duties to the respective governing bodies.
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-7 - Powers and authority of commissioners

40A:13-7. Powers and authority of commissioners
In the discharge of their duties the commissioners shall have the power and authority to:
a. Examine witnesses under oath to be administered by any one of the commissioners;
b. Employ certified court reporters or other means for the purpose of recording the testimony of witnesses;
c. Employ surveyors to run, survey, ascertain and mark the boundary line; and
d. Cause maps on a scale of not less than 2 inches to the mile and surveys to be made of the boundary line as fixed by them.
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-8 - Report of commissioners; filing; effect

40A:13-8. Report of commissioners; filing; effect
The commissioners shall file a report certified by them or any two of them to which shall be annexed their commission, oaths, maps and surveys fixing and determining the boundary line. The report shall be recorded and filed in the office of the Secretary of State, and copies delivered to the governing body of the respective counties.
Upon the filing of the report, the boundary line between the counties shall be as surveyed, ascertained and certified therein.
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-9 - Expenses

40A:13-9. Expenses
All expenses incurred in determining and ascertaining the boundary line as provided in this subarticle shall be fixed by the Superior Court and paid by the counties equally.
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-10 - Application for appointment of commissioners to determine boundary

40A:13-10. Application for appointment of commissioners to determine boundary
Whenever it is necessary for any reason to determine the boundary line or a portion thereof between adjoining municipalities, application may be made to the Superior Court for the appointment of commissioners to survey, ascertain and mark the boundaries, in conformity, as nearly as may be, with the charters, settlements and laws relating to the municipalities:
a. By the governing body of the county upon 30 days' notice in writing signed by the official designated as the chief executive officer of the governing body and served upon the governing bodies of the municipalities involved; or
b. By the governing body of either municipality upon 30 days' notice in writing served upon the mayor or other chief executive and upon the clerk of the adjoining municipality.
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-11 - Commissioners; oaths

40A:13-11. Commissioners; oaths
The Superior Court shall appoint three commissioners who shall be residents of the county, one to be appointed from each municipality, and one who shall not reside in either municipality, to survey, ascertain and mark the boundary line between the municipalities. Before entering upon the performance of their duties, the commissioners shall take and subscribe an oath to faithfully and impartially perform their duties.
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-12 - Vacancy

40A:13-12. Vacancy
Upon the vacancy in office caused by the death, resignation or refusal to serve, the Superior Court shall appoint another commissioner to fill the vacancy.
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-13 - Notice of meeting of commissioners

40A:13-13. Notice of meeting of commissioners
The commissioners shall give 30 days' notice in writing of the time and place of their meeting to perform their duties to the clerks of the respective municipalities.
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-14 - Powers and authority of commissioners

40A:13-14. Powers and authority of commissioners
In the discharge of their duties the commissioners shall have all of the powers set forth in N.J.S. 40A:13-7.
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-15 - Report of commissioners; effect

40A:13-15. Report of commissioners; effect
The commissioners shall file a report certified by them or any two of them to which shall be annexed their commission, oaths, maps and surveys fixing and determining the boundary line. The report shall be recorded and filed in the office of the county clerk and copies delivered to the clerks of the respective municipalities.
Upon the filing of the report, the boundary line between the municipalities shall be as surveyed, ascertained and certified therein.
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-16 - Expenses

40A:13-16. Expenses
All expenses incurred in determining and ascertaining the boundary line as provided in this subarticle shall be fixed by the Superior Court and paid by the municipalities equally.
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-17 - Boundaries of new counties or municipalities

40A:13-17. Boundaries of new counties or municipalities
When a new county or municipality is formed altering the lines of an existing county or municipality, an accurate survey shall be made of the county or municipality. The boundaries of the new county or municipality shall be ascertained and determined as nearly as may be in accordance with the provisions of N.J.S. 40A:13-3 through 40A:13-16 inclusive.
In the case of a new county, a copy of the commissioners' report shall be recorded and filed in the office of the Secretary of State and one in the office of clerk of the newly formed county within 6 months after formation.
In the case of a new municipality, a copy of the commissioners' report shall be recorded and filed in the office of the county clerk and one in the office of the clerk of the newly formed municipality within 6 months after formation.
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-18 - Boundaries of private lands unaffected

40A:13-18. Boundaries of private lands unaffected
The provisions of this article shall not affect the boundaries or lines of privately-owned lands.
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-19 - Agreement between municipalities as to control

40A:13-19. Agreement between municipalities as to control
When the boundary line between adjoining municipalities divides lands and buildings, so that a portion of the lands and buildings are located in each municipality, the municipalities in which the lands and buildings are situated may determine, by resolution passed by their respective governing bodies, which municipality shall have sole supervision of the lands and buildings.
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-20 - Facilities and licenses furnished by municipality having control

40A:13-20. Facilities and licenses furnished by municipality having control
The municipality assuming sole supervision of any lands or buildings mentioned in N.J.S. 40A:13-19 shall furnish them with the same services as are furnished to lands and buildings located wholly within its boundaries, and shall have sole power to issue all licenses and permits required for such lands or buildings.
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-21 - Ascertainment of county or municipal dividing lines

40A:13-21. Ascertainment of county or municipal dividing lines
Whenever the center line of any nonnavigable stream forms a dividing line between
a. two or more counties as well as between two or more municipalities, or
b. two or more municipalities alone, and said center line is uncertain, the county dividing line may be ascertained and made certain, or in the case of a municipal dividing line not forming the boundary lines between counties, in the manner hereinafter provided.
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-22 - Resolution defining permanent boundary; agreement fixing line; filing and recording agreement

40A:13-22. Resolution defining permanent boundary; agreement fixing line; filing and recording agreement
The governing bodies of the counties and the governing bodies of the municipalities concerned, or the governing bodies of the municipalities alone concerned, shall each adopt an ordinance or resolution, as appropriate, defining and consenting to the establishment of the same permanent boundary line, describing the line therein so that it can be recognized notwithstanding changes in the location of the center line of the stream, and authorizing the officials designated as the chief executive officers of the governing bodies of the respective counties and the chief executive officers of the municipalities concerned or the chief executive officers of the municipalities concerned, as the case may be, to execute for and on behalf of the respective counties and municipalities or of the respective municipalities concerned an agreement setting forth the dividing line as so fixed. The agreement shall be filed and recorded in the office of the Secretary of State.
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-23 - Time of establishment of line; effect

40A:13-23. Time of establishment of line; effect
The line so ascertained shall be the boundary and line of division between the counties and the municipalities, or the municipalities, concerned from the time of the filing of the agreement in the office of the Secretary of State but the filing of the agreement shall not in any manner affect the boundaries or lines of lands belonging to any person or the jurisdiction and powers of the Division of Water Policy and Supply in the Department of Conservation and Economic Development over the waters of said stream.
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-25 - Chapter 176 of the Laws of 1938 saved from repeal

40A:13-25. Chapter 176 of the Laws of 1938 saved from repeal
Chapter 176 of the Laws of 1938 (C. 40:18-4.1) is saved from repeal. (This act alters, changes and fixes the boundary lines of the counties of Camden, Atlantic and Gloucester.)
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-26 - Chapter 244 of the Laws of 1939 saved from repeal

40A:13-26. Chapter 244 of the Laws of 1939 saved from repeal
Chapter 244 of the Laws of 1939 (C. 40:18-4.2 and C. 40:18-4.3) is saved from repeal. (This act annexes to the borough of Matawan, in the county of Monmouth, a part of the township of Madison, in the county of Middlesex, and changes the boundaries between said counties to give effect thereto.)
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-27 - Chapter 253 of the Laws of 1950 saved from repeal

40A:13-27. Chapter 253 of the Laws of 1950 saved from repeal
Chapter 253 of the Laws of 1950 is saved from repeal. (This act alters, changes and fixes the boundary line at the Piney Hollow-Winslow Road, between the counties of Gloucester and Camden.)
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-28 - Chapter 132 of the Laws of 1958 saved from repeal

40A:13-28. Chapter 132 of the Laws of 1958 saved from repeal
Chapter 132 of the Laws of 1958 is saved from repeal. (This act annexes to the township of Millburn, in the county of Essex, a part of the township of Springfield, in the county of Union, and changes the boundaries between said counties to give effect thereto.)
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-29 - Chapter 203 of the Laws of 1965 saved from repeal

40A:13-29. Chapter 203 of the Laws of 1965 saved from repeal
Chapter 203 of the Laws of 1965 is saved from repeal. (This act resettles a part of the boundary between the counties of Hunterdon and Somerset.)
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:13-30 - Statutes repealed

40A:13-30. Statutes repealed
The following sections, chapters and acts, together with all amendments and supplements thereto, are hereby repealed:
Revised Statutes Sections:
R.S. 40:18-5 to 40:18-22 inclusive;
R.S. 40:43-67 to 40:43-73 inclusive.
Pamphlet Laws:
P.L. 1956, c. 199 (C. 40:7A-1 to C. 40:7A-3 inclusive).
L.1979, c. 181, s. 3, eff. Aug. 29, 1979.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:14-1 - County fire marshal; appointment; salary.

40A:14-1 County fire marshal; appointment; salary.
40A:14-1. County fire marshal; appointment; salary.
The board of chosen freeholders of any county, by resolution, may create the office of county fire marshal and such assistant fire marshals as deemed necessary and appoint a person or persons to hold such office on a permanent, full-time basis or on a part-time basis for a term of three years commencing January 15, except that the first appointee's term of office shall terminate on January 15 following his appointment. The board of chosen freeholders shall fix the amount of the annual salary of the county fire marshal and the assistant fire marshals, if any.
Any permanent, full-time county fire marshal and any such assistant fire marshal given approval by the board of chosen freeholders to engage in activities provided in N.J.S.40A:14-2b.(8) shall be enrolled as members in the Police and Firemen's Retirement System of New Jersey,P.L. 1944, c.255 (C.43:16A-1 et seq.),as long as the person or persons holding such office meet all other requirements for membership. Any current fire marshals and assistant county fire marshals engaged in activities provided in N.J.S.40A:14-2b.(8) at the time that this amendment takes effect shall be exempt from any age requirement for enrollment in the Police and Firemen's Retirement System of New Jersey. Any permanent, full-time county fire marshal and assistant fire marshal given approval by the board of chosen freeholders on or after October 1, 2001 to engage in activities provided in N.J.S.40A:14-2b.(8) shall be enrolled as a member in the Police and Firemen's Retirement System effective upon the date when such approval by the board of chosen freeholders was given.
The cost of enrollment of a full-time county fire marshal or assistant fire marshal in the Police and Firemen's Retirement System of New Jersey pursuant to the provisions of this section shall not be the responsibility of the State.
L.1971, c.197, s.1; amended 1991, c.60; 2005, c.366, s.1.