reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:56-74 - Specifications for construction

40:56-74. Specifications for construction
Notwithstanding any contrary provision of law, ordinance, code or regulation governing standards and specifications for street and sidewalk construction, a pedestrian mall or any street or sidewalk included in a special improvement district may be constructed of concrete, bricks, asphalt tiles, blocks, granite or such other materials and such combinations of materials as the governing body of a municipality shall approve, and the governing body of a municipality may in its discretion narrow any roadway to be kept and maintained in connection with any pedestrian mall or special improvement district, may cause any street vaults to be reconstructed or removed, may construct crosswalks at any point within a block as well as at the ends of blocks, and may cause the roadway to curve and meander within the limits of the street, regardless of the uniformity of width of the street or curve or absence of curve in the center line of such street, to enhance the usefulness and appearance of a pedestrian mall or special improvement district.
L.1972, c. 134, s. 10, eff. Aug. 17, 1972. Amended by L.1984, c. 151, s. 10, eff. Sept. 10, 1984.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:56-75 - Police powers and other rights and powers of municipality over pedestrian mall or special improvement district

40:56-75. Police powers and other rights and powers of municipality over pedestrian mall or special improvement district
Notwithstanding the improvement of any street as a pedestrian mall or incident to a special improvement district, the municipality and its governing body shall retain its police powers and other rights and powers relating to the street or part thereof constituting the pedestrian mall or included in a special improvement district, and no such action shall be interpreted or construed to be a vacation, in whole or in part, of any municipal street or part thereof, it being intended that the establishment of a pedestrian mall or special improvement district pursuant to this act, as the case may be, is a matter of a regulation only. This act shall not prevent the governing body of any municipality, at any time subsequent to the adoption of a pedestrian mall or special improvement district ordinance, by ordinance, from abandoning the operation of the pedestrian mall or special improvement district, changing the extent of the pedestrian mall or special improvement district, supplementing or amending the description of the district to be specially assessed or taxed for annual costs of the pedestrian mall or special improvement district, or changing or repealing any limitations on the use of the pedestrian mall or special improvement district streets by private vehicles or any plan, rules or regulations adopted for the operation of a pedestrian mall or special improvement district.
L.1972, c. 134, s. 11, eff. Aug. 17, 1972. Amended by L.1984, c. 151, s. 11, eff. Sept. 10, 1984.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:56-76 - Condemnation; procedures incident to development and maintenance

40:56-76. Condemnation; procedures incident to development and maintenance
Condemnation proceedings incidental to the development or maintenance of a pedestrian mall or special improvement district, as the case may be, are authorized and shall be taken in accordance with the provisions of chapter 56 of Title 40 of the Revised Statutes. All procedures incidental to the development and maintenance of a pedestrian mall or special improvement district pursuant to this act, including financing land acquisition and legal challenges and appeals not specifically prescribed hereunder, shall be taken in accordance with other applicable provisions of said chapter 56 of Title 40.
L.1972, c. 134, s. 12, eff. Aug. 17, 1972. Amended by L.1984, c. 151, s. 12, eff. Sept. 10, 1984.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:56-77 - Uses of mall or special improvement district; control and regulation

40:56-77. Uses of mall or special improvement district; control and regulation
a. Any pedestrian mall created pursuant to this act above, or any property of a special improvement district may be used, under the direction of the governing body, for any purpose or activity which will enhance the movement, safety, convenience or enjoyment of pedestrians, including seating, display and sale of merchandise, exhibiting, advertising, public events, and any other use or activity which in the judgment of the governing body will enhance the movement, safety, convenience or enjoyment of pedestrians and any other use or activity permitted by any applicable pedestrian mall ordinance, a special improvement district or other applicable law, ordinance or power.
b. Upon adoption of a pedestrian mall or special improvement district ordinance, the governing body may, from time to time, provide for the control and regulation of:
(1) The distribution and location of movable furniture, sculpture or pedestrian traffic control devices, landscaping and other facilities belonging to the pedestrian mall or special improvement district, as the case may be, and not otherwise located or fixed by the plans and specifications;
(2) The uses to be permitted on the mall or special improvement district property by occupants of abutting property, any transit or telephone utility, concessionaires, vendors and others to serve the convenience and enjoyment of pedestrians and the location of such uses;
(3) The issuance of permits to conduct any special activity consistent with the broad purposes of the pedestrian mall or special improvement district;
(4) The operation of any lighting, heating or other facilities in the mall or on special improvement district property, replacing landscaping and maintaining the furniture and facilities in the mall or on special improvement district property.
L.1972, c. 134, s. 13, eff. Aug. 17, 1972. Amended by L.1984, c. 151, s. 13, eff. Sept. 10, 1984.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:56-78 - Limitation on liability for injury to person or property due to movable structures, appurtenances, etc.

40:56-78. Limitation on liability for injury to person or property due to movable structures, appurtenances, etc.
Any movable furniture, structure, facility or appurtenance or activity located or permitted in connection with a pedestrian mall improvement or special improvement district shall not, by reason of such location or use, be deemed a nuisance or unlawful obstruction or condition, notwithstanding any rule or regulation or principle of negligence law pertaining to the use of public streets and highways, and neither the municipality nor any user acting under permit shall be liable for any injury to person or property, unless such furniture, structure, facility or use shall be negligently constructed, maintained or operated.
L.1972, c. 134, s. 14, eff. Aug. 17, 1972. Amended by L.1984, c. 151, s. 14, eff. Sept. 10, 1984.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:56-79 - Advisory board; members; duties; district management corporation

40:56-79. Advisory board; members; duties; district management corporation
The mayor or other chief executive officer of the municipality may create and appoint an advisory board, consisting of seven or more persons, at least a majority of whom shall be owners or occupants of properties adjoining a pedestrian mall or included in a special improvement district, as the case may be, or representatives of these owners or occupants, to advise the governing body in connection with the acquisition, construction and improvement of a pedestrian mall, or the acquisition and construction of improvements for a special improvement district, as the case may be, the making of a plan therefor and the operation and maintenance thereof and to meet and furnish recommendations or comments and requests of members of the public and of owners and occupants of property adjoining the pedestrian mall or included in the district, as the case may be. Upon designation of a district management corporation, in the case of a special improvement district, the corporation shall exercise the functions of an advisory board, and any other advisory board shall cease to function.
L.1972, c. 134, s. 15, eff. Aug. 17, 1972. Amended by L.1984, c. 151, s. 15, eff. Sept. 10, 1984.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:56-82 - Severability

40:56-82. Severability
If any provision of this act or the application thereof to any person or circumstance is held invalid, such holding shall not affect other provisions or applications of the act and to this end the provisions of this act are severable.
L.1972, c. 134, s. 18, eff. Aug. 17, 1972.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:56-83 - District management corporation; powers.

40:56-83 District management corporation; powers.
17. a. In addition to the powers otherwise conferred pursuant to this amendatory and supplementary act, a district management corporation may exercise those of the powers listed herein as may be conferred upon it by ordinance. A district management corporation incorporated pursuant to Title 15A of the New Jersey Statutes shall exercise its powers in a manner consistent with that title.
b. The district management corporation shall have all powers necessary and requisite to effectuate its purposes, including, but not limited to, the power to:
(1) Adopt bylaws for the regulation of its affairs and the conduct of its business and to prescribe rules, regulations, and policies in connection with the performance of its functions and duties;
(2) Employ such persons as may be required, and fix and pay their compensation from funds available to the corporation;
(3) Apply for, accept, administer and comply with the requirements respecting an appropriation of funds or a gift, grant or donation of property or money;
(4) Make and execute agreements which may be necessary or convenient to the exercise of the powers and functions of the corporation, including contracts with any person, firm, corporation, governmental agency or other entity;
(5) Administer and manage its own funds and accounts and pay its own obligations;
(6) Borrow money from private lenders and from governmental entities;
(7) Fund the improvement of the exterior appearance of properties in the district through grants or loans;
(8) Fund the rehabilitation of properties in the district;
(9) Accept, purchase, rehabilitate, sell, lease or manage property in the district;
(10) Enforce the conditions of any loan, grant, sale or lease made by the corporation;
(11) Provide security, sanitation and other services to the district, supplemental to those provided normally by the municipality;
(12) Undertake improvements designed to increase the safety or attractiveness of the district to businesses which may wish to locate there or to visitors to the district, including, but not limited to, litter cleanup and control, landscaping, parking areas and facilities, recreational and rest areas and facilities, and those improvements generally permitted for pedestrian malls under section 2 of P.L.1972, c.134 (C.40:56-66), pursuant to pertinent regulations of the governing body;
(13) Publicize the district and the businesses included within the district boundaries;
(14) Recruit new businesses to fill vacancies in, and to balance the business mix of, the district;
(15) Organize special events in the district;
(16) Provide special parking arrangements for the district;
(17) Provide temporary decorative lighting in the district.
L.1984,c.151,s.17; amended 2004, c.180.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:56-85 - Annual licenses for business within special improvement district; fees; special account

40:56-85. Annual licenses for business within special improvement district; fees; special account
a. In lieu of, or in addition to, funding pursuant to section 16 of P.L.1972, c. 134 (C. 40:56-80) of the activities of the district management corporation to be undertaken pursuant to this amendatory and supplementary act, the municipality may, by ordinance, require annual licenses for businesses operating in properties within the special improvement district, and establish fees for those licenses based on the assessment among these businesses of the aggregate amount of the annual budget of the district management corporation, approved pursuant to section 18 of this amendatory and supplementary act, which is not funded pursuant to section 16 of P.L.1972, c. 134. The ordinance may establish reasonable categories of businesses subject to licensing, and reasonable exemptions therefrom or abatements of the fees therefor. The assessments to businesses pursuant to this section shall be by floor area of licensable business space, or sales volume, or some other reasonable basis or combination of bases.
b. Moneys appropriated and collected on account of annual costs to be funded pursuant to subsection a. of this section shall be credited to a special account. Any balances to the credit of the account and remaining unexpended at the end of the fiscal year shall be conserved and applied toward the financial requirements of the succeeding year.
c. The ordinance shall provide for a reasonable appeal procedure for any administrative determination made under the provisions of this section.
L.1984, c. 151, s. 19, eff. Sept. 10, 1984.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:56-86 - Delegation of work by municipality; approval of work

40:56-86. Delegation of work by municipality; approval of work
The municipality may, by ordinance, delegate to the district management corporation the contracting of work to be done on any street or streets, or on other municipal property, included in the special improvement district. The corporation shall be a "contracting unit" within the meaning of the "Local Public Contracts Law," P.L.1971, c. 198 (C. 40A:11-1 et seq.). The plans and specifications for the work to be contracted shall be approved by the municipal engineer prior to initiation of any action for the awarding of a contract under that act.
L.1984, c. 151, s. 20, eff. Sept. 10, 1984.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:56-87 - Inclusion of pedestrian mall or special improvement district in other improvement or rehabilitation district

40:56-87. Inclusion of pedestrian mall or special improvement district in other improvement or rehabilitation district
Nothing contained in P.L.1972, c. 134 (C. 40:56-65 et seq.) or in this amendatory and supplementary act shall prohibit a municipality from including a pedestrian mall or special improvement district within the bounds of any area, district or zone established pursuant to law, which has as one of its purposes the encouragement of the construction of improvements or the rehabilitation of properties located within those bounds, or the inducement of private enterprises to locate within those bounds, whether by the provision of tax credits, exemptions or abatements, or by provision of special public financing arrangements. The provisions for the pedestrian mall or special improvement district shall be included within the plans for the area, district or zone so established, whether by integration into the original plans or by amendment.
L.1984, c. 151, s. 21, eff. Sept. 10, 1984.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:56-88 - District management corporation; annual audit.

40:56-88 District management corporation; annual audit.
22. The district management corporation shall cause an annual audit of its books, accounts and financial transactions to be made and filed with the governing body of the municipality, and for that purpose the corporation shall employ a certified public accountant of New Jersey. The annual audit shall be completed and filed with the governing body within four months after the close of the fiscal year of the corporation.
L.1984, c.151, s.22; amended 2015, c.95, s.10.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:56-89 - Annual report to municipal governing body

40:56-89. Annual report to municipal governing body
The district management corporation shall, within 30 days after the close of each fiscal year, make an annual report of its activities for the preceding fiscal year to the governing body of the municipality.
L.1984, c. 151, s. 23, eff. Sept. 10, 1984.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:56A-2 - Powers of commission

40:56A-2. Powers of commission
An environmental commission organized under this act shall have power to conduct research into the use and possible use of the open land areas of the municipality and may coordinate the activities of unofficial bodies organized for similar purposes, and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its purposes. It shall keep an index of all open areas, publicly or privately owned, including open marshlands, swamps and other wetlands, in order to obtain information on the proper use of such areas, and may from time to time recommend to the planning board or, if none, to the mayor and governing body of the municipality plans and programs for inclusion in a municipal master plan and the development and use of such areas.
L.1968, c. 245, s. 2, eff. Aug. 6, 1968. Amended by L.1972, c. 35, s. 3, eff. May 25, 1972.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:56A-3 - Acquisitions by commission

40:56A-3. Acquisitions by commission
An environmental commission may, subject to the approval of the governing body, acquire property, both real and personal, in the name of the municipality by gift, purchase, grant, bequest, devise or lease for any of its purposes and shall administer the same for such purposes subject to the terms of the conveyance or gift. Such an acquisition may be to acquire the fee or any lesser interest, development right, easement (including conservation easement), covenant or other contractual right (including a conveyance on conditions or with limitations or reversions), as may be necessary to acquire, maintain, improve, protect, limit the future use of, or otherwise conserve and properly utilize open spaces and other land and water areas in the municipality.
L.1968, c. 245, s. 3, eff. Aug. 6, 1968. Amended by L.1972, c. 35, s. 4, eff. May 25, 1972.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:56A-4 - Records and annual report

40:56A-4. Records and annual report
An environmental commission shall keep records of its meetings and activities and shall make an annual report to the governing body of the municipality.
L.1968, c. 245, s. 4, eff. Aug. 6, 1968. Amended by L.1972, c. 35, s. 5, eff. May 25, 1972.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:56A-5 - Appropriation

40:56A-5. Appropriation
The governing body of a municipality may appropriate funds for the expenses incurred by the environmental commission. The commission may appoint such clerks and other employees as it may from time to time require and as shall be within the limits of funds appropriated to it.
L.1968, c. 245, s. 5, eff. Aug. 6, 1968. Amended by L.1972, c. 35, s. 6, eff. May 25, 1972.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:56A-6 - Studies and recommendations

40:56A-6. Studies and recommendations
An environmental commission shall have power to study and make recommendations concerning open space preservation, water resources management, air pollution control, solid waste management, noise control, soil and landscape protection, environmental appearance, marine resources and protection of flora and fauna.
L.1972, c. 35, s. 7, eff. May 25, 1972.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:56A-8 - Joint environmental commission; creation by ordinance; members; compensation

40:56A-8. Joint environmental commission; creation by ordinance; members; compensation
a. The governing bodies of two or more municipalities may, by adoption of substantially similar ordinances, create a joint environmental commission for the protection, development or use of natural resources, including water resources located within their combined territorial limits.
b. The number and qualifications of the members of such joint environmental commission, and their terms and methods of appointment or removal shall be such as may be determined and agreed upon by said governing bodies and set forth in the ordinance creating such joint commission, except that
(1) when such joint commission is created by two municipalities only, there shall be at least three members from each municipality;
(2) when such joint commission is created by three or more municipalities, there shall be at least two members from each municipality;
(3) at least one member from each municipality shall be a member of the planning board (if any) of the municipality, and
(4) a majority of the members of the joint commission shall hold no other public office, except membership on a municipal or other planning board.
c. Members of the commission shall serve without compensation, but may receive reimbursement for actual expenses necessarily incurred in the performance of their duties as members of the commission.
L.1975, c. 334, s. 1, eff. March 3, 1976.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:56A-9 - Chairman; qualifications; term of office

40:56A-9. Chairman; qualifications; term of office
A joint environmental commission shall elect its chairman, who shall hold no other public office or position, except that he may be a member of a municipal or other planning board. The term of the chairman shall be 1 year, and he shall be eligible to succeed himself unless the ordinance creating the commission shall otherwise provide. The ordinance creating such commission may provide that the chairmanship of the commission be rotated annually so that over each period of years corresponding to the number of participating municipalities it shall be held in each year by a member appointed from a different participating municipality.
L.1975, c. 334, s. 2, eff. March 3, 1976.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:56A-10 - Expenses; apportionment; appropriation

40:56A-10. Expenses; apportionment; appropriation
The proportion of the expenses of the joint environmental commission to be borne by each participating municipality shall be such as may be determined and agreed upon by the participating municipalities, and said municipalities are hereby authorized to appropriate their respective shares of such expenses. Within the limits thus agreed upon and duly appropriated the commission may employ such clerical and technical or other assistants and may incur such other expenses as it may deem necessary to carry out its functions.
L.1975, c. 334, s. 3, eff. March 3, 1976.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:56A-11 - Functions, duties and powers

40:56A-11. Functions, duties and powers
A commission created pursuant to this supplementary act shall have, with respect to all the participating municipalities, and to each of them, all the functions, duties and powers of an environmental commission established in a single municipality under sections 2 and 3 of P.L.1968, c. 245 (C. 40:56A-2 and 40:56A-3) and section 7 of P.L.1972, c. 35 (C. 40:56A-6).
L.1975, c. 334, s. 4, eff. March 3, 1976.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:56A-12 - Succession of established commission by joint commission; transfers

40:56A-12. Succession of established commission by joint commission; transfers
If any municipality which has heretofore established an environmental commission under the act to which this act is a supplement shall enter into participation in a joint environmental commission, such environmental commission heretofore established shall be abolished upon the taking effect of the ordinance establishing the joint environmental commission, and the terms of the members of such abolished environmental commission shall immediately cease and terminate. Except as may otherwise be provided in the ordinance establishing such joint commission, all employees of such abolished environmental commission and all the records, property and funds in its possession or under its control shall be transferred to the joint environmental commission, and all its debts and other financial obligations shall be assumed by the joint environmental commission.
L.1975, c. 334, s. 5, eff. March 3, 1976.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:58-1 - Municipal forestry; establishment

40:58-1. Municipal forestry; establishment
The governing body of any municipality may use any of its lands for forest growth, and may cut and sell any timber found or grown upon such land, and may enter into contracts with the board of conservation and development for the control and management of lands of such municipality for forestry purposes.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:59-1 - Acquisition of lands and buildings; construction

40:59-1. Acquisition of lands and buildings; construction
The governing body may acquire and maintain market buildings and market facilities, or additional market buildings or market facilities, and may erect such building or buildings, and acquire such lands by purchase, gift or condemnation as in its judgment are suitable and necessary for market purposes.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:59-2 - Rents; use of revenues; deficiencies met by taxation

40:59-2. Rents; use of revenues; deficiencies met by taxation
The body or board having charge of such market or markets may charge and collect reasonable fees for the use thereof and the revenue derived therefrom shall be paid into the municipal treasury and applied: first, to the maintenance, improvement and extension of public markets; second, to the payment of interest on any outstanding bonds or other evidences of indebtedness; third, to the principal sum accruing on such bonds or other evidences of indebtedness, and, fourth, to the general expenses of the municipality after the payment in full of such bonds or other evidences of indebtedness.
Any deficiency in the payment of the cost of maintaining the public markets and the principal and interest of bonds issued to provide the same, after the application of the revenue as aforesaid, shall be raised and levied by taxation from year to year.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:59-4 - Market commissioner; appointment, term and compensation

40:59-4. Market commissioner; appointment, term and compensation
There may be created in each such municipality the office of market commissioner. The market commissioner shall be appointed by the governing body of the municipality and shall hold his office for a term of one year. His salary shall be fixed by the governing body.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:59-5 - Market commissioner; duties

40:59-5. Market commissioner; duties
The market commissioner shall gather data, make investigations and obtain information as to prevailing prices of food-stuffs and shall daily publish in the municipality a fair price list, giving in detail what, in his opinion, as a result of his investigation, prices for foodstuffs should be in such municipality from day to day.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-10 - Property of certain societies transferred in trust to municipality; purposes

40:60-10. Property of certain societies transferred in trust to municipality; purposes
Whenever any school society or religious organization of this state owns real or personal property and, owing to the establishment and existence of free schools and other public institutions, the society or organization finds it impossible or impracticable to continue in existence for the purposes for which it was created, desires to convey any such property to any municipality for the purpose of establishing free reading rooms, libraries or other institutions for the public benefit, such society or organization may convey the same to the municipality in trust for such purposes.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-11 - Acceptance of property in trust; appointment of trustees

40:60-11. Acceptance of property in trust; appointment of trustees
The governing body of any municipality which is or shall be the beneficiary of such a trust may accept it for the purposes set forth in section 40:60-10 of this title and may appoint any number of trustees designated by the terms and under the conditions of the trust instrument.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-12 - Purchase of lands adjoining trust lands; bonds; use of income and proceeds

40:60-12. Purchase of lands adjoining trust lands; bonds; use of income and proceeds
Any society or organization designated in section 40:60-10 of this title may sell to the municipality any lands owned by it and adjoining the lands conveyed in trust as provided in said section 40:60-10. The municipality may purchase such adjoining lands for the purposes aforesaid, and may issue bonds not to exceed ten thousand dollars in payment therefor; provided, that the interest accruing upon said bonds shall be used and devoted for the purpose of maintaining said trust and carrying out the purposes thereof.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-13 - Municipality not liable for misappropriation of funds

40:60-13. Municipality not liable for misappropriation of funds
Nothing in sections 40:60-10 to 40:60-12 of this title contained shall be construed to make any municipality liable for the misappropriation of the funds created by the trust, nor to make good any diminution thereof resulting from the wrongful acts of its agents or any person appointed in conformity with the terms and conditions of the deed or instrument creating the trust. If, however, any agent or officer of the municipality is under bonds thereto, and upon default the municipality recovers from the sureties on the bond a sum sufficient to pay or make good the amount of misappropriation of the funds of the trust, the municipality shall make good the same out of the amount so received. No misappropriation of the funds aforesaid shall in anywise affect the trust.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-14 - Property held in trust for municipality; appointment of new trustee

40:60-14. Property held in trust for municipality; appointment of new trustee
L.1900, c. 21, p. 37 (C.S. p. 3508, s. 211), entitled "An act relating to property held in trust for municipal corporations," approved March seventh, one thousand nine hundred, saved from repeal. [This act relates to property held in trust for municipalities before March 7, 1900, and provides for the appointment of new trustees upon the death of a trustee.]
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-15 - Public buildings as memorials; subscriptions

40:60-15. Public buildings as memorials; subscriptions
The governing body may by ordinance provide for the construction within the limits of the municipality, under the direction of a commission as hereinafter constituted, with the aid of gifts by subscription or otherwise, of hospitals, schools or other public buildings, to be dedicated to public use as permanent memorials commemorative of the services of soldiers and sailors of the United States in any war in which the United States has participated.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-16 - Ordinance for construction; contributions to be paid before contract executed

40:60-16. Ordinance for construction; contributions to be paid before contract executed
When the governing body shall determine by ordinance to erect any such public memorial building, provision therein shall be made for the acceptance by the municipality of gifts of real or personal property from any person for such purpose. The ordinance shall provide for the acquisition of a suitable site for the memorial, to be acquired in whole or in part, as may be necessary, by purchase, condemnation or gift, and shall appropriate such sum of money as may be necessary to accomplish the purpose, over and above the amount or portion raised or to be raised by gift or subscription. Such ordinance shall also indicate therein the proportion the sum appropriated is to bear to the whole cost, including the furnishing and equipment thereof. The construction of the memorial shall not be begun nor finally contracted for, as hereinafter provided, until the full amount to be raised by gift or contribution has been received by the municipality.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-17 - Bonds; annual appropriation; care and maintenance

40:60-17. Bonds; annual appropriation; care and maintenance
The memorial building shall be erected upon the land or site determined upon in all other respects in the same manner and with the same authority as is otherwise provided by law for the erection and maintenance of public buildings, except as herein provided, and such municipality shall issue its bonds for the proportion to be provided by the municipality of the total cost of the memorial and its furnishing and equipment, and shall provide annually thereafter for the care, upkeep and maintenance thereof, as a memorial dedicated to the public use, in all respects as is provided by law for other buildings.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-18 - Commission to supervise; constituted; powers and duties

40:60-18. Commission to supervise; constituted; powers and duties
The governing body of any municipality undertaking such memorial construction shall include in such ordinance the names of five citizens thereof, one of whom shall be the mayor or other chief executive officer who shall be chairman, to constitute a commission, without compensation, to supervise the acquisition of the site and the fund, and other personalty in accordance with the terms of the enabling ordinance.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-19 - Treasurer of commission; selection and duties

40:60-19. Treasurer of commission; selection and duties
The commission so appointed shall elect a treasurer, who shall be constituted the temporary depository of all funds raised by subscription or contribution. He shall, on the thirtieth day of each month, pay over to the treasurer of the municipality all funds or personal property so contributed and in his custody on and including the twenty-fifth day of the month.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-20 - Treasurer's bond

40:60-20. Treasurer's bond
The treasurer shall give bond to the municipality, with a surety company authorized to do business in this state as surety, in the amount of the proportionate cost of the memorial to be raised other than by the appropriation, and the premium therefor shall be paid by the treasurer of the municipality out of the funds appropriated.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-21 - Title; funds kept separate; disbursements

40:60-21. Title; funds kept separate; disbursements
The site shall be acquired in the name of the municipality, and all funds appropriated or contributed for the purpose shall be paid into its treasury and kept as a separate fund to be expended by the treasurer of the municipality in the usual course and method, upon the certification of the mayor or other chief executive officer and two other members of the commission, to be designated by the commission for that purpose, that the payment is authorized by the commission within the purpose, and authorization of the ordinance and contracts thereunder.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-23 - Plans and specifications; approval by architect or engineer

40:60-23. Plans and specifications; approval by architect or engineer
The commission shall, if necessary, be authorized to employ the services of an architect or engineer, or both, to supervise the drawing of maps, plans and specifications for such grounds, building and its fixtures, and the construction thereof. No payments for such construction work shall be approved by the commission except upon the certification of the architect or engineer having the particular supervision thereof, or the architect or engineer of the municipality where no special architect or engineer has been employed for that purpose, that the work, construction, development, materials or fixtures are in conformity with the ordinance and any contract entered into thereunder by the commission.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-24 - Existing buildings for public memorials; acquisition

40:60-24. Existing buildings for public memorials; acquisition
The governing body may also provide by ordinance for the purchase of a building already erected within the limits of the municipality, together with the site whereon it is situated, if it deems such building and site suitable, for dedication to public use as a permanent memorial commemorative of the services of soldiers and sailors of the United States in any war in which the United States has participated.
In the purchase of any such building and site the same procedure so far as may be applicable, shall be followed as in case of the construction of public buildings as provided for by this subtitle. The cost and expense of acquiring such building and site may be raised by taxation.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25 - Buildings for museum of arts and sciences, etc.; federal grants for community centers

40:60-25. Buildings for museum of arts and sciences, etc.; federal grants for community centers
The governing body may acquire by lease, gift, purchase or condemnation, or erect, maintain and equip such building or buildings as may be suitable for use as a museum of arts and sciences, or as community centers, or as cultural centers, or for public exhibitions, lectures and assemblages, and may conduct such museums, community centers, cultural centers, lectures and public exhibitions, and may also allow the use of such buildings for public assemblages with or without charge being made therefor.
In furtherance of any project for the development and maintenance of a community center, or where such community centers are established in furtherance of national defense activities, the governing body is authorized and empowered, without regard to the provisions of any other law, to apply for and receive from the government of the United States or any agency thereof, grants, subsidies and appropriations for the construction and maintenance of such community centers, or for the maintenance of community centers heretofore established.
Amended by L.1941, c. 33, p. 103, s. 1; L.1962, c. 86, s. 1, eff. June 18, 1962.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.2 - Lease of land for parking lot

40:60-25.2. Lease of land for parking lot
Any municipality may acquire by lease or leases any land or lands therein, and entrances to and exits from any such lands, for the purpose of making the same available to the public for the parking of vehicles. Any such lease shall be for such period or periods of time and upon such terms and conditions as the governing body of the municipality, by resolution duly adopted by the affirmative vote of the majority of all the members thereof, shall determine.
L.1942, c. 138, p. 427, s. 2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.3 - Improvement and maintenance; employees

40:60-25.3. Improvement and maintenance; employees
The governing body of any municipality may provide, by resolution, for the lighting, improvement and maintenance of any lands devoted to the public parking of vehicles, the entrances thereto and exits therefrom, and for the employment of any person or persons thought to be necessary or desirable to act as caretakers, attendants, or to direct traffic therein or otherwise police or patrol any such lands.
L.1942, c. 138, p. 428, s. 3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.4 - Operating expenses; parking fees

40:60-25.4. Operating expenses; parking fees
The rents and other costs and expenses incident to the improvement, lighting, maintenance and operation of any such public parking areas may be raised by general taxation, but it shall be lawful for the municipality to accept from any person, firm, corporation or association any contribution or donation to be used toward defraying the rents and other costs and expenses incident thereto and to charge any such fee or fees as may, from time to time, be fixed by the governing body of the municipality for the privilege of parking any vehicle therein.
L.1942, c. 138, p. 428, s. 4.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.5 - Liability of municipality for damages

40:60-25.5. Liability of municipality for damages
No municipality shall, by virtue of its operation or maintenance of any such public parking area, be liable in damages to any person, firm, corporation or association for the loss of or for any damage to any vehicle while parked in any such area, or while entering or leaving the same, for the loss of or damage to any article or articles from any vehicle, or for any personal injury which may be sustained while in or upon any such area or the entrances thereto or exits therefrom; provided, however, that this provision shall not be so construed or applied as to relieve the municipality from any liability which may be imposed upon it by law for the negligence of its agents, servants or employees.
L.1942, c. 138, p. 428, s. 5.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.6 - Validation

40:60-25.6. Validation
All leases for the purpose of providing areas for the public parking of vehicles, the acquisition of lands by gift, devise, condemnation or purchase, for such purpose, all expenditures incident thereto for the payment of rents or the cost of lighting, improvement, maintenance, policing or otherwise, and all budget appropriations therefor heretofore made, all municipal bonds heretofore issued, and all ordinances, resolutions, or other proceedings heretofore adopted or taken for any such purpose by any municipality are hereby ratified, confirmed and validated to the same extent as though the same had been made, issued and adopted pursuant to authorization by this act.
L.1942, c. 138, p. 429, s. 6.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.7 - Definitions

40:60-25.7. Definitions
The following terms, wherever used or referred to in this act, shall have the following respective meanings, unless a different meaning clearly appears from the context:
(a) "Governing body" shall mean that governmental board or body of a municipality having control or jurisdiction over its financial affairs;
(b) "Property exempt from local taxation" or "tax exempt property" shall mean real or personal, or real and personal, property which is exempt from local taxation because the owner of such property enjoys the privilege of exemption from local taxation arising out of a contract with the State which the Legislature cannot abrogate or repeal without the consent of the owner;
(c) "Tax exemption" shall mean exemption from local taxation under such a contract with the State;
(d) "Owner" shall mean any person, association, copartnership or corporation owning tax exempt property in fee;
(e) "Local taxation" shall mean municipal or other local taxation for the direct support of the government of the municipality or for other local purposes.
L.1944, c. 206, p. 729, s. 1, eff. April 21, 1944.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.8 - Municipality may purchase property exempt from taxation because of state contract

40:60-25.8. Municipality may purchase property exempt from taxation because of state contract
Any municipality in this State may purchase property exempt from local taxation because the owner enjoys the privilege of exemption from local taxation arising out of a contract with the State which the Legislature cannot abrogate or repeal without the owner's consent, for the purpose of extinguishing in perpetuity, with the owner's consent, the privilege, arising out of such contract with the State, of exemption from local taxation as to the property so acquired and as to any other property then or thereafter owned in the municipality by such owner, successors or assigns.
L.1944, c. 206, p. 729, s. 2, eff. April 21, 1944.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.9 - Other property may also be purchased

40:60-25.9. Other property may also be purchased
In order to effect the purchase of the tax exempt property and, with the owner's consent, the extinguishment in perpetuity of the owner's privilege of exemption from local taxation as provided in section one of this act, any municipality purchasing such tax exempt property may also purchase other property of the owner of the tax exempt property whether such other property is located within or without the municipality.
L.1944, c. 206, p. 730, s. 3, eff. April 21, 1944.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.10 - Encumbrances

40:60-25.10. Encumbrances
Any municipality purchasing property pursuant to this act, may take such property subject to leases, mortgages, liens, easements, agreements, covenants, servitudes, liabilities or other encumbrances or claims, and may thereafter settle, adjust and discharge any or all of the same upon such terms and conditions as are agreed on by the municipality and other parties in interest.
L.1944, c. 206, p. 730, s. 4, eff. April 21, 1944.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.11 - Appropriations; bonds and notes

40:60-25.11. Appropriations; bonds and notes
For the purpose of financing the acquisition of property pursuant to this act and the settlement, adjustment and discharge of leases, mortgages, liens, easements, agreements, covenants, servitudes, liabilities or other encumbrances or claims, as provided by this act, the municipality may, at one time or from time to time, appropriate money and issue its negotiable bonds, and in anticipation of bonds may issue its negotiable notes, in the manner and mode of procedure provided by the local bond law, constituting sections 40:1-1 to 40:1-88 of the Revised Statutes of the State of New Jersey, except that, if the sum (being not less than five per centum (5%) of the maximum amount of the obligations thereby authorized) which said local bond law requires to be appropriated as a down payment, has not been made available by provision in a previously adopted budget, the municipal bond ordinance may, nevertheless, be finally passed, but, in that event, shall provide that the said sum shall be financed by the issuance of bond anticipation notes which shall mature and be paid in the next ensuing fiscal year.
L.1944, c. 206, p. 730, s. 5, eff. April 21, 1944.