reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:26A-20 - Bonds as legal investments

40A:26A-20. Bonds as legal investments
Notwithstanding any restrictions contained in any other law, the State and all public officers, local units, political subdivisions and public bodies, or agencies thereof, banks, trust companies, savings banks, savings and loan associations, investment companies, insurance companies, insurance businesses, and executors, administrators, guardians, trustees and other fiduciaries, may legally invest any sinking fund moneys or other funds belonging to them or within their control in any bonds authorized pursuant to this act, which bonds shall be authorized security for any and all public deposits. The bonds and the interest thereon shall be exempt from taxation except for transfer and inheritance taxes.
Source: C.40:23-19.10 (P.L.1966, c.205, s.10) and New.
L.1991,c.53,s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:26A-21 - Competitive sewerage system; consent of existing authority

40A:26A-21. Competitive sewerage system; consent of existing authority
In the event a sewerage or municipal utilities authority has been established in a local unit pursuant to the provisions of the "sewerage authorities law," P.L.1946, c.138 (C.40:14A-1 et seq.) or the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.), the local unit shall not establish a competitive sewerage system within the local unit without the consent of the existing authority.
Source: C.40:23-19.14 (P.L.1966, c.205, s.14)
L.1991,c.53,s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:26A-22 - Statutes repealed

40A:26A-22. Statutes repealed
The following acts are repealed:
P.L.1966, c.205 (C.40:23-19.1 through 40:23-19.14);
R.S.40:63-1 through 40:63-39; and
R.S.40:63-41 through 40:63-67.
L.1991,c.53,s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:26B-1 - Short title.

40A:26B-1 Short title.
1. Sections 1 through 18 of P.L.2019, c.42 (C.40A:26B-1 et seq.) shall be known and may be cited as the "Clean Stormwater and Flood Reduction Act."
L.2019, c.42, s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:26B-3 - Definitions relative to stormwater utilities.

40A:26B-3 Definitions relative to stormwater utilities.
3. As used in sections 1 through 18 of P.L.2019, c.42 (C.40A:26B-1 et seq.):
"Authority" means a county or municipal sewerage authority established pursuant to P.L.1946, c.138 (C.40:14A-1 et seq.), a county or municipal utilities authority established pursuant to P.L.1957, c.183 (C.40:14B-1 et seq.), or a county improvement authority established pursuant to P.L.1960, c.183 (C.40:37A-44 et seq.).
"Department" means the Department of Environmental Protection.
"Division" means the Division of Local Government Services in the Department of Community Affairs.
"Green infrastructure" means a stormwater management system that treats stormwater runoff through infiltration into subsoil, treats stormwater runoff through filtration by vegetation or soil, or stores stormwater runoff for reuse.
"New Jersey Pollutant Discharge Elimination System permit" means any permit issued by the department pursuant to section 6 of P.L.1977, c.74 (C.58:10A-6).
"Stormwater" means water resulting from precipitation, including rain and snow, which runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
"Stormwater management system" means any equipment, plant, structures, machinery, apparatus, management practices, design practices, planning activities, or land, or any combination thereof, acquired, used, constructed, implemented, or operated to convey stormwater, control or reduce stormwater runoff and associated pollutants or flooding, induce or control the infiltration of groundwater recharge of stormwater, or eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.
L.2019, c.42, s.3.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:26B-4 - Governing body may establish stormwater utility.

40A:26B-4 Governing body may establish stormwater utility.
4. a. The governing body of any county or municipality may, by resolution or ordinance, as appropriate, establish a stormwater utility for the purposes of acquiring, constructing, improving, maintaining, and operating stormwater management systems in the county or municipality, consistent with State and federal laws, rules, and regulations.
b. Any stormwater utility that is established pursuant to this section shall be considered a "municipal public utility" for the purposes of Title 40A of the New Jersey Statutes. Notwithstanding any other law to the contrary, a county or municipality may establish a stormwater utility as a new department within the county or municipality, or as an operation of an existing department or departments having responsibility and control over stormwater management systems or portions thereof.
c. A county or municipality that establishes a stormwater utility pursuant to this section shall submit a copy of the resolution or ordinance adopted pursuant to subsection a. of this section to the Department of Environmental Protection and the Division of Local Government Services in the Department of Community Affairs. The establishment of a stormwater utility pursuant to this section shall not be construed to modify or otherwise affect a county or municipality's obligations under any New Jersey Pollutant Discharge Elimination System permit or any other rule, regulation, order, or permit issued by the department.
L.2019, c.42, s.4.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:26B-5 - Establishment of stormwater utility by municipal authorities.

40A:26B-5 Establishment of stormwater utility by municipal authorities.
5. a. The governing body or bodies of one or more municipalities that have established a municipal sewerage authority pursuant to P.L.1946, c.138 (C.40:14A-1 et seq.) or a municipal utilities authority pursuant to P.L.1957, c.183 (C.40:14B-1 et seq.) may, by ordinance, or parallel ordinances, as appropriate, request that the authority establish a stormwater utility for the purposes of acquiring, constructing, improving, maintaining, and operating stormwater management systems in the municipality or municipalities, consistent with State and federal laws, rules, and regulations.
b. Upon the request of a municipality or municipalities, an authority may establish a stormwater utility pursuant to a service agreement between the authority and the requesting municipality or municipalities, in accordance with the provisions of P.L.2019, c.42 (C.40A:26B-1 et al.) and the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.). The agreement shall set forth the powers, duties, and functions of the stormwater utility and any other matters that may be necessary for the agreement. A stormwater utility established pursuant to this section shall be considered a separate operation of the authority to be budgeted and accounted for separately.
c. An authority that establishes a stormwater utility pursuant to this section shall submit a copy of the service agreement to the Department of Environmental Protection and the Division of Local Government Services in the Department of Community Affairs. A municipality that contractually delegates to an authority any of its responsibilities under any New Jersey Pollutant Discharge Elimination System permit or any other rule, regulation, order, or permit issued by the department shall remain responsible for compliance with any such rules, regulations, orders, or permits if the authority fails to implement the requirements thereof.
L.2019, c.42, s.5.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:26B-6 - Establishment of stormwater utility by county authorities.

40A:26B-6 Establishment of stormwater utility by county authorities.
6. a. The governing body of any county that has established a county sewerage authority pursuant to P.L.1946, c.138 (C.40:14A-1 et seq.), a county utilities authority pursuant to P.L.1957, c.183 (C.40:14B-1 et seq.), or a county improvement authority pursuant to P.L.1960, c.183 (C.40:37A-44 et seq.) may, by resolution, request that the authority establish a stormwater utility for the purposes of acquiring, constructing, improving, maintaining, and operating stormwater management systems in the county, consistent with State and federal laws, rules, and regulations.
b. Upon the request of a county, an authority may establish a stormwater utility pursuant to a service agreement between the authority and the requesting county, in accordance with the provisions of P.L.2019, c.42 (C.40A:26B-1 et al.) and the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.). The agreement shall set forth the powers, duties, and functions of the stormwater utility and any other matters that may be necessary for the agreement. A stormwater utility established pursuant to this section shall be considered a separate operation of the authority to be budgeted and accounted for separately.
c. An authority that establishes a stormwater utility pursuant to this section shall submit a copy of the service agreement to the Department of Environmental Protection and the Division of Local Government Services in the Department of Community Affairs. A county that contractually delegates to an authority any of its responsibilities under any New Jersey Pollutant Discharge Elimination System permit or any other rule, regulation, order, or permit issued by the department shall remain responsible for compliance with any such rules, regulations, orders, or permits if the authority fails to implement the requirements thereof.
L.2019, c.42, s.6.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:26B-7 - Shared services agreement for stormwater management system.

40A:26B-7 Shared services agreement for stormwater management system.
7. a. The governing bodies of any two or more municipalities may, pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et al.), enter into a shared services agreement to provide for the construction, improvement, maintenance, or operation of stormwater management systems in the municipalities, consistent with State and federal laws, rules, and regulations.
b. The governing body or bodies of one or more municipalities, and the county in which the municipality or municipalities are located may, pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et al.), enter into a shared services agreement to provide for the construction, improvement, maintenance, or operation of stormwater management systems in the municipalities, consistent with State and federal laws, rules, and regulations.
c. Any county or municipality that enters into a shared services agreement pursuant to this section shall submit a copy of the agreement to the Department of Environmental Protection and the Division of Local Government Services in the Department of Community Affairs.
L.2019, c.42, s.7.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:26B-9 - Unpaid fees, charges.

40A:26B-9 Unpaid fees, charges.
9. In the event that a stormwater utility fee or charge of any county, municipality, or authority with regard to any parcel of real property is not paid when due:
a. interest shall accrue and be due to the county or authority on the unpaid balance at the rate of one and one half percent per month until such fees and charges, and the interest thereon, shall be fully paid to the county or authority; interest shall accrue and be due to the municipality on the unpaid balance at a rate not to exceed that permitted under R.S.54:4-67;
b. the unpaid balance thereof and all interest accruing thereon shall be a lien on such parcel enforced in the same manner as delinquent property taxes and municipal charges. Such lien shall be superior and paramount to the interest in such parcel of any owner, lessee, tenant, mortgagee, or other person except the lien of State taxes and property taxes and shall be on a parity with and deemed equal to the lien on such parcel of State taxes and property taxes; and
c. the unpaid balance thereof and all interest accrued thereon, together with attorneys' fees and costs, may also be recovered by the county, municipality, or authority in a civil action, but not in lieu of enforcement as a delinquent municipal charge.
L.2019, c.42, s.9.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:26B-10 - Issuance of bonds.

40A:26B-10 Issuance of bonds.
10. A county, municipality, or authority that establishes a stormwater utility pursuant to P.L.2019, c.42 (C.40A:26B-1 et al.) may provide, by ordinance or resolution, as appropriate, at one time, or from time to time, for the issuance of bonds for the purpose of raising funds to pay the cost of any part of the stormwater management system. The bonds shall be issued pursuant to each entity's respective authority under the "Local Bond Law," N.J.S.40A:2-1 et seq., P.L.1946, c.138 (C.40:14A-1 et seq.), P.L.1957, c.183 (C.40:14B-1 et seq.), P.L.1960, c.183 (C.40:37A-44 et seq.), or any other applicable law.
L.2019, c.42, s.10.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:26B-11 - Posting of report on website; contents.

40A:26B-11 Posting of report on website; contents.
11. a. A county, municipality, or authority that establishes a stormwater utility pursuant to P.L.2019, c.42 (C.40A:26B-1 et al.) shall, within one year after establishment of the utility, and each year thereafter, prepare and submit to the Division of Local Government Services in the Department of Community Affairs and the Department of Environmental Protection a report in the form and manner determined by the department and the division pursuant to subsection b. of this section. Each county, municipality, or authority shall post the annual report on its Internet website.
b. Within 18 months after the effective date of this section, the division, in consultation with the department, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations outlining the substantive requirements for, and the form and manner of, the annual report required pursuant to subsection a. of this section. The annual report shall include, but need not be limited to, information on:
(1) the stormwater utility's service area;
(2) the schedule of fees, other charges, and credits that the county, municipality, or authority has established;
(3) the number of properties subject to the stormwater utility's fees and other charges, and the number of properties of each land use type, including but not limited to residential, commercial, and industrial, that have been granted credits or exemptions from the fee, and the cumulative value of credits that have been granted to properties of each land use type;
(4) the total revenues from stormwater utility fees and other charges collected by the county, municipality, or authority;
(5) the percentage and amount of revenues from fees and other charges spent on each of the purposes authorized in subsection e. of section 8 of P.L.2019, c.42 (C.40A:26B-8); and
(6) all stormwater management projects implemented in the previous fiscal year.
L.2019, c.42, s.11.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:26B-12 - Acquisitions relative to stormwater utility.

40A:26B-12 Acquisitions relative to stormwater utility.
12. a. A county, municipality, or authority that establishes a stormwater utility pursuant to P.L.2019, c.42 (C.40A:26B-1 et al.) may acquire by gift, grant, purchase, or condemnation, or in any other lawful manner, any privately-owned stormwater management system, or any real property necessary for the construction, improvement, operation, or maintenance of a stormwater management system.
b. If a county, municipality, or authority requires any payment as a condition of, or in connection with, assuming ownership, operation, or maintenance of any privately-owned stormwater management system, the payment shall not exceed the costs attributable to the ownership, operation, or maintenance of that stormwater management system.
L.2019, c.42, s.12.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:26B-13 - Existing stormwater management systems, dedication.

40A:26B-13 Existing stormwater management systems, dedication.
13. a. Notwithstanding the provisions of section 12 of P.L.2019, c.42 (C.40A:26B-12), the owner of a stormwater management system that complies with the State and local stormwater management standards that were in place at the time the system was approved may retain ownership and responsibility for the operation and maintenance of the system, or offer to dedicate the system to the county, municipality, or authority. The county, municipality, or authority may accept the dedication of, and assume operation and maintenance responsibility for, the stormwater management system.
b. Any person who dedicates a stormwater management system to a county, municipality, or authority pursuant to this section shall still be liable for paying any applicable stormwater utility fee imposed pursuant to section 8 of P.L.2019, c.42 (C.40A:26B-8).
L.2019, c.42, s.13.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:26B-14 - Contracts with private entities.

40A:26B-14 Contracts with private entities.
14. A county, municipality, or authority that establishes a stormwater utility pursuant to P.L.2019, c.42 (C.40A:26B-1 et al.) may, pursuant to the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), enter into a contract with a private entity for the planning, design, engineering, construction, improvement, maintenance, and operation of a stormwater management system.
L.2019, c.42, s.14.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:26B-15 - Rules, regulations relative to wages; financial assistance.

40A:26B-15 Rules, regulations relative to wages; financial assistance.
15. Each county, municipality, and authority shall adopt rules and regulations requiring that not less than the prevailing wage rate be paid to workers employed in the performance of any construction contract undertaken in connection with financial assistance provided for the construction of a stormwater management system under P.L.2019, c.42 (C.40A:26B-1 et al.). The prevailing wage rate shall be the rate determined by the Commissioner of Labor pursuant to the provisions of P.L.1963, c.150 (C.34:11-56.25 et seq.).
For the purposes of this section, "financial assistance" means any loan, bond, loan guarantee, grant, incentive, tax exemption, or other financial assistance approved, funded, authorized, administered, or provided by the municipality, county, or authority in connection with the construction of a stormwater management system.
L.2019, c.42, s.15.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:26B-16 - Stormwater utility guidance manual.

40A:26B-16 Stormwater utility guidance manual.
16. a. Within 18 months after the effective date of this section, the Department of Environmental Protection, in consultation with the Board of Public Utilities, the Division of Local Government Services in the Department of Community Affairs, and stakeholders as the department deems appropriate, shall develop a stormwater utility guidance manual. The department shall periodically update the guidance manual as the department deems appropriate. The guidance manual shall include, but need not be limited to:
(1) technical assistance for counties, municipalities, and authorities seeking to establish a stormwater utility pursuant to P.L.2019, c.42 (C.40A:26B-1 et al.);
(2) factors for counties, municipalities, and authorities to consider when establishing and revising stormwater utility fees and other charges and appropriate credits;
(3) information on how to develop an asset management program for a stormwater management system; and
(4) information on how counties, municipalities, and authorities can conduct public education and outreach related to stormwater management.
b. Development of the stormwater utility guidance manual, and any updates thereto, shall not be subject to the requirements and provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
L.2019, c.42, s.16.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:26B-17 - "Clean Stormwater and Flood Reduction Fund."

40A:26B-17 "Clean Stormwater and Flood Reduction Fund."
17. a. There is established in the General Fund a special nonlapsing account to be known as the "Clean Stormwater and Flood Reduction Fund." The State Treasurer shall credit to this account all moneys remitted to the State Treasurer by counties, municipalities, and authorities pursuant to subsection d. of section 8 of P.L.2019, c.42 (C.40A:26B-8). Pending the use thereof, moneys deposited in the fund may be invested or reinvested in such securities as are approved by the State Treasurer. Interest or other income earned on moneys deposited into the fund shall be credited to the fund for use as set forth in subsection b. of this section.
b. Moneys deposited in the "Clean Stormwater and Flood Reduction Fund" are specifically dedicated and shall be used by the Department of Environmental Protection only to fund planning, implementation, and coordination activities related to stormwater utilities in the State, water quality monitoring and assessment, point and non-point source water pollution reduction projects, implementation of the department's stormwater management program, and a public education and outreach program relating to stormwater management.
L.2019, c.42, s.17.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:26B-18 - Rules, regulations.

40A:26B-18 Rules, regulations.
18. The Department of Environmental Protection, the Division of Local Government Services in the Department of Community Affairs, and the Local Finance Board may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary for the implementation of P.L.2019, c.42 (C.40A:26B-1 et al.).
L.2019, c.42, s.18.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:27-1 - Short title

40A:27-1. Short title
This chapter shall be known and may be cited as the "Municipal and County Flood Control Financing Act."
Source: C. 40:23-34 (P.L. 1977, c. 333, s. 1).
L. 1987, c. 179, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:27-2 - Purposes

40A:27-2. Purposes
The Legislature finds and declares that it is in the public interest for the State to foster and promote, by all reasonable means, the relief of persons and property from the adverse effects of uncontrolled storm water drainage and the conditions of flooding. It is the purpose of this chapter to implement this policy by authorizing municipalities and counties either separately or in combination with other counties or municipalities to finance, acquire, construct, maintain, operate or improve works for the collection, diversion, impoundment, transportation and disposal of surface water in order to foster flood control and promote a basinwide or subbasinwide approach to controlling floods, thereby protecting the public from the adverse effects of uncontrolled storm water drainage and conditions of flooding.
Source: C. 40:23-35 (P.L. 1977, c. 333, s. 2).
L. 1987, c. 179, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:27-4 - Finding of need for acquisition, construction, financing, improvement, maintenance and operation of flood control facility by local unit; notice to affected parties and to State; contents of notice, etc.

40A:27-4. Finding of need for acquisition, construction, financing, improvement, maintenance and operation of flood control facility by local unit; notice to affected parties and to State; contents of notice, etc.
The governing body of a local unit may acquire, construct, finance, improve, maintain and operate a flood control facility upon concluding, by duly adopted resolution or ordinance, as the case may be, that the public health, safety and welfare can best be assured by the acquisition, construction, financing, improvement, maintenance and operation of the facility by the local unit or in cooperation with any other local unit and that the facility will contribute to the overall management of the surface water of the river basin or subbasin to be affected by the facility. Prior to the adoption of the resolution or ordinance, as the case may be, the governing body shall take cognizance of all existing and proposed upstream and downstream developments which may affect, or be affected by, the proposed flood control facility and shall notify, by certified mail, all upstream and downstream municipalities, soil conservation districts and counties, and the department, of its intent to construct one or more flood control facilities. The notification shall include a request for information from all upstream governments indicating which proposed developments might alter the flow of water at the proposed flood control facility. The governing body of a local unit also shall make its staff available for consultation with persons who may affect, or be affected by, the flood control facility.
The basin or subbasinwide analysis shall be submitted to the Department of Environmental Protection for its use in approving or disapproving the development and use of land regulated pursuant to the provisions of the "Flood Hazard Area Control Act," P.L. 1962, c. 19 (C. 58:16A-50 et seq.). Each facility shall be consistent with the Statewide Flood Control Master Plan prepared pursuant to the provisions of P.L. 1978, c. 78 and the county stormwater control and drainage plans prepared pursuant to the provisions of section 10 of P.L. 1979, c. 359 (C. 58:16A-55.4).
Source: C. 40:23-37 (P.L. 1977, c. 33, s. 4).
L. 1987, c. 179, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:27-5 - Adoption of resolution or ordinance

40A:27-5. Adoption of resolution or ordinance
Upon the completion of this basinwide or subbasinwide analysis and after consideration of the responses of concerned parties, the governing body of a local unit may adopt a resolution or ordinance, as the case may be, to acquire, construct, finance, improve, operate or maintain the flood control facility.
Source: C. 40:23-37 (P.L. 1977, c. 333, s. 4).
L. 1987, c. 179, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:27-6 - Powers of local unit

40A:27-6. Powers of local unit
A local unit is authorized:
a. To purchase, construct, improve, extend, enlarge or reconstruct flood control facilities within or adjacent to that local unit either alone or jointly with other local units and to operate, manage, maintain and control all or part of these facilities;
b. To issue general obligation bonds of the local unit to pay all or part of the cost of the purchase, construction, improvement, extension, enlargement or reconstruction of these facilities;
c. To receive and accept from the federal or State government or any agency thereof, grants for the planning, acquisition, purchase, construction, extension, enlargement, reconstruction, improvement or financing of any of these facilities and to receive and accept contributions from any source of either money, property, labor, or other things of value to be held, used and applied for the purposes for which these grants and contributions may be made;
d. To acquire in the name of the local unit by gift, purchase, or by the exercise of the right of eminent domain, lands and rights and interests therein, including lands under water and riparian rights, and to acquire such personal property, as it may deem necessary for the acquisition, purchase, construction, improvement, extension, enlargement or reconstruction, or for the efficient operation of any facility purchased or constructed under the provisions of this chapter and to hold and dispose of all real and personal property under its control;
e. To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter and to employ engineers, superintendents, managers, attorneys, financial or other consultants or experts and other employees and agents necessary to carry out the provisions of this chapter, and to fix their compensation;
f. Subject to the provisions and restrictions set forth in the resolution or ordinance, as the case may be, authorizing or securing bonds issued under the provisions of this chapter, to enter into contracts with the government of the United States or of the State, or any agency or instrumentality thereof, or with any other local unit, private corporation, copartnership, association, or individual providing for or relating to flood control, which contracts may provide for the furnishing of flood control services either by or to the local unit, joint construction or operation of a flood control facility.
Source: C. 40:23-38 (P.L. 1977, c. 333, s. 5).
L. 1987, c. 179, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:27-7 - Surveys, investigations, studies, plans, etc.; payment of costs

40A:27-7. Surveys, investigations, studies, plans, etc.; payment of costs
Whenever the governing body of a local unit by resolution or ordinance, as the case may be, exercises the powers granted by this chapter, it shall make or cause to be made the necessary surveys, investigations, studies, borings, maps, plans, drawings and estimates of costs and of revenues relating to the provision of flood control facilities.
The obtaining of these surveys, investigations, studies, borings, maps, plans, drawings and estimates is declared to be a public purpose and the costs thereof may be paid out of the general funds of the local unit or from the proceeds of any bonds issued pursuant to this chapter.
Source: C. 40:23-39 (P.L. 1977, c. 333, s. 6).
L. 1987, c. 179, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:27-8 - Restoration or compensation to owners of damaged or destroyed property

40A:27-8. Restoration or compensation to owners of damaged or destroyed property
All public or private property damaged or destroyed in carrying out the powers granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable or adequate compensation shall be made therefor to the owner out of the funds authorized by this chapter.
Source: C. 40:23-39 (P.L. 1977, c. 333, s. 6).
L. 1987, c. 179, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:27-9 - Authorization to issue bonds; purpose

40A:27-9. Authorization to issue bonds; purpose
The governing body of a local unit exercising the powers granted by this chapter is authorized to provide by resolution or ordinance, as the case may be, at one time, or from time to time, for the issuance of general obligation bonds of the local unit for the purpose of paying all or any part of the cost of a flood control facility constructed, acquired, improved, operated, maintained, extended, enlarged or reconstructed pursuant to this chapter. The bonds of each issue shall be issued pursuant to the provisions of the "Local Bond Law," (N.J.S. 40A:2-1 et seq.).
Source: C. 40:23-40 (P.L. 1977, c. 333, s. 7).
L. 1987, c. 179, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:27-10 - Finding of need for financing cost of construction of flood control facilities by local improvement assessments; procedures; notice of intention; public hearing

40A:27-10. Finding of need for financing cost of construction of flood control facilities by local improvement assessments; procedures; notice of intention; public hearing
If the governing body of a local unit determines that public necessity and interest require the cost of construction of a flood control facility to be financed by local improvement assessments, it shall pass a resolution or ordinance, as the case may be, of its intention to undertake and so finance the facility and shall give notice of this intention by advertising in one or more newspapers of general circulation in the county or municipality and by notifying each concerned property owner by certified mail; and this notice shall fix a time and place, not less than two weeks after the date of the notice, for a public hearing on the proposed action. At the public hearing the governing body of a local unit shall present a preliminary assessment of the affected properties.
Source: C. 40:23-41 (P.L. 1977, c. 333, s. 8).
L. 1987, c. 179, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:27-11 - Adoption of resolution or ordinance

40A:27-11. Adoption of resolution or ordinance
After the hearing, if the governing body of a local unit decides to carry out the local improvements, it shall pass a resolution or ordinance, as the case may be, to proceed to make the local improvements.
Source: C. 40:23-41 (P.L. 1977, c. 333, s. 8).
L. 1987, c. 179, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:27-12 - Assessments on lands specially benefited; procedures; notice

40A:27-12. Assessments on lands specially benefited; procedures; notice
Upon the completion of the local improvements, the governing body of a local unit shall assess the costs and expenses of the flood control facility on the lands and improvements situated within that unit which are specially benefited thereby in proportion to the benefit received. When the assessment is completed it shall be filed as a report with the clerk of the governing body of the local unit who shall give notice, by advertising in one or more newspapers of general circulation in the county or municipality and by notifying each concerned property owner, by certified mail, that the report has been filed and that the governing body of the local unit will meet at a time and place designated in the notice to hear objections to the report. The governing body of the local unit may revise the report based on these objections, after which it shall file the revised report with the clerk of the governing body of the local unit. The assessment shall constitute a lien upon the land so assessed.
The clerk shall deliver a duplicate copy of the report to the appropriate officer of the county or municipality, as the case may be, who shall immediately thereafter mail or deliver the bill for the amount of the assessment, and shall keep a record, at the expense of the local unit, in the manner required by local improvements under R.S. 40:56-31. The governing body may make additional requirements for recording, accounting for, and collecting assessments.
Source: C. 40:23-41 (P.L. 1977, c. 333, s. 8).
L. 1987, c. 179, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:27-13 - Payment of assessment in installments by owner of assessed real estate

40A:27-13. Payment of assessment in installments by owner of assessed real estate
The governing body of a local unit may by resolution or ordinance, as the case may be, permit the owner of real estate upon which an assessment for an improvement has been made to pay the assessment in installments pursuant to the procedures contained in R.S. 40:56-35.
Source: C. 40:23-41 (P.L. 1977, c. 333, s. 8).
L. 1987, c. 179, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:27-14 - Sale of property by local unit for arrearages in assessments, interest or other charges

40A:27-14. Sale of property by local unit for arrearages in assessments, interest or other charges
When any unpaid assessment, interest thereon or other charges for collection thereof remains in arrears on July 1 of the calendar year following the calendar year when the assessment, interest or other charge becomes in arrears, the appropriate officer of the local unit shall enforce the lien by selling the property in the manner set forth in chapter 5 of Title 54 of the Revised Statutes.
Source: C. 40:23-41 (P.L. 1977, c. 333, s. 8).
L. 1987, c. 179, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:27-15 - Contracts with other local units for provision of flood control facilities, etc.

40A:27-15. Contracts with other local units for provision of flood control facilities, etc.
A local unit may negotiate and enter into contracts with other local units for the provision of flood control facilities located within or without the boundaries of the local unit pursuant to the provisions of this chapter. Where appropriate, the facilities may be situated on land leased or conveyed pursuant to law by a local unit which is not party to the contract.
Source: C. 40:23-42 (P.L. 1977, c. 333, s. 9).
L. 1987, c. 179, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:27-16 - Issuance of bonds to pay costs of provision of flood control facilities; payment of costs in annual installments, etc.

40A:27-16. Issuance of bonds to pay costs of provision of flood control facilities; payment of costs in annual installments, etc.
If a contractor, pursuant to a contract with a contracting local unit, constructs, acquires or improves a flood control facility the contractor may either: a. bear the entire cost of the construction or acquisition of the facility by itself; or b. share the cost of the construction or acquisition of the facility with the contracting unit. The contractor may issue its bonds for all or part of the cost of the construction, acquisition or improvement of the facility. If the cost is to be shared by the contracting local unit, the contractor may issue bonds for its share of the cost and the contracting local unit may issue bonds for its share of the cost, or the contractor may issue bonds for the entire cost of the facility, and the share of the cost to be borne by the contracting local unit shall be repaid to the contractor by the contracting local unit in annual installments, over a period not exceeding 40 years, agreed upon by the parties to the contract. The amount of the annual installments shall include interest at the rate or rates agreed upon by the parties to the contract. These agreements shall be authorized by a resolution or ordinance, as the case may be, duly adopted by the governing bodies of the parties to the contract. The annual payments received by a contractor from the contracting local unit may also include an additional annual amount agreed upon for the payment of the agreed share of the cost of operation and maintenance and improvement or enlargement of the facility.
Source: C. 40:23-42 (P.L. 1977, c. 333, s. 9).
L. 1987, c. 179, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:27-17 - Powers of local unit re contract with another local unit

40A:27-17. Powers of local unit re contract with another local unit
A local unit with which another local unit is authorized to contract under the terms and provisions of this chapter shall have the power, by ordinance or resolution, as the case may be, duly adopted by its governing body, to authorize the proper officials to enter into and execute for it a contract for the period of time and under the terms necessary for the provision of a flood control facility notwithstanding that no appropriation was made or provided to cover the estimated cost of the contract, and the governing body shall adhere to the terms and conditions of the contract.
Source: C. 40:23-43 (P.L. 1977, c. 333, s. 10).
L. 1987, c. 179, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:27-18 - Investments; exemption from taxation

40A:27-18. Investments; exemption from taxation
Notwithstanding any restriction contained in any other law, the State and all public officers, municipalities, counties, political subdivisions and public bodies, and agencies thereof, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, insurance associations and other persons carrying on any insurance business, and all executors, administrators, guardians, trustees and other fiduciaries may legally invest any sinking fund moneys or other funds belonging to them within their control in any bonds of a local unit authorized pursuant to this chapter, and the bonds are authorized as security for any and all public deposits. These bonds and the interest thereon shall be exempt from taxation except for the transfer inheritance taxes.
Source: C. 40:23-44 (P.L. 1977, c. 333, s. 11).
L. 1987, c. 179, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:27-19 - Payments by contracting local unit; default; interest

40A:27-19. Payments by contracting local unit; default; interest
The chief fiscal officer of each contracting local unit which enters into a contract pursuant to this chapter, shall cause to be paid to the contractor, at the times agreed upon, the amount of money certified to the contracting local unit by the contractor pursuant to this chapter. The power and obligation of the contracting local unit to provide for and make all payments is unlimited and the sums necessary for the payment shall be included in each annual budget of the contracting local unit; and the contracting local unit shall be irrevocably and unconditionally obligated to levy ad valorem taxes on all taxable property therein, without limits as to rate or amount, to the full extent necessary to make all payments, in full, as they become due. If any part of the amount certified to a contracting local unit by a contractor, pursuant to this act, remains unpaid for 30 days following the date fixed for payment by the contract, the contracting local unit thus in default shall be charged with and be liable for, and the chief fiscal officer thereof shall pay to the contractor, interest upon the amount unpaid at the rate of 8% per year.
Source: C. 40:23-45 (P.L. 1977, c. 333, s. 12).
L. 1987, c. 179, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:27-20 - Construction of chapter

40A:27-20. Construction of chapter
This chapter shall not be construed to relieve a local unit of any obligation to seek and obtain various permits and other approvals from the Department of Environmental Protection as required by law for these projects and to comply with any other duty imposed by law.
Source: New.
L. 1987, c. 179, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:27-21 - Continuation of county and municipal obligations

40A:27-21. Continuation of county and municipal obligations
Any debt, liability or obligation incurred by any county or municipality pursuant to any section of law which is repealed pursuant to this act shall not in any manner be diminished by the provisions of this act.
L. 1987, c. 179, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:27-22 - Statutes repealed

40A:27-22. Statutes repealed
R.S. 40:69-1 through 40:69-4, R.S. 40:30-18 through 40:30-21, P.L. 1944, c. 207 (C. 40:69-4.1 through 40:69-4.12).
P.L. 1977, c. 333 (C. 40:23-34 through 40:23-46) is repealed.
L.1987, c.179, s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:31-2 - Legislative purpose

40A:31-2. Legislative purpose
The Legislature finds and declares it to be in the public interest and to be the policy of this State to foster and promote by all reasonable means the collection, storage and distribution of an adequate supply of water for the inhabitants and businesses of the counties and municipalities of this State. It is the purpose of this act to further implement that policy by authorizing a county or municipality, either separately or in combination with one or more other counties or municipalities, or private water companies, or the State, to acquire, construct, maintain, operate or improve facilities for the accumulation, supply or distribution of water and to provide for the financing of these facilities. Source: C.40:14C-2 (P.L.1979, c.451, s.2).
L.1989,c.109,s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:31-3 - Definitions.

40A:31-3 Definitions.
40A:31-3. As used in the "County and Municipal Water Supply Act," N.J.S.40A:31-1 et seq.:
a. "Bonds" means bond anticipation notes or bonds issued in accordance with the "Local Bond Law," N.J.S.40A:2-1 et seq.
b. "Cost" as applied to water supply facilities or extensions or additions thereto, means the cost of acquisition or the construction, including improvement, reconstruction, extension or enlargement, the cost of all labor materials, machinery and equipment, the cost of all lands, property, rights and easements acquired, the cost of demolition or removal of any buildings or structures thereon, financing charges, interest on bonds issued to finance water supply facilities prior to and during construction, the cost of plans and specifications, surveys or estimates of costs and revenues, the cost of engineering, legal services, and any other expenses necessary or incident to determining the feasibility of construction, administrative expenses and such other expenses as may be necessary or incident to the construction or acquisition of water supply facilities, and the financing thereof.
c. "Local unit" means a county or municipality.
d. "Water supply facilities" means the plants, structures or other real and personal property acquired, constructed or operated, or to be financed, acquired, constructed or operated, or any parts thereof, including reservoirs, basins, dams, canals, aqueducts, standpipes, conduits, pipelines, mains, pumping stations, water distribution systems, compensating reservoirs, waterworks, or sources of water supply, well, purification or filtration plants, or other plants or works, connections, rights of flowage or diversion, and other plants, structures, boats, conveyances and other real and personal property, or rights therein, and appurtenances necessary or useful for the accumulation, supply or distribution of water.
The term "water supply facilities" includes the replacement of service connections to a publicly-owned water system, from the distribution main onto privately-owned real property and into a privately-owned structure, when used in reference to a project undertaken for the purpose of replacing residential lead service lines, regardless of possible private service connection ownership.
amended 2018, c.114, s.5; 2021, c.184, s.14.