reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-15 - Division into wards

40:43-15. Division into wards
If the newly created municipality be one that is, by the general laws governing it, required to be divided into wards, the county board of elections shall have all the power of a governing body and shall take the necessary proceedings to have the same so divided, in the first instance, in the manner provided in this subtitle.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-16 - Organization of newly elected officers

40:43-16. Organization of newly elected officers
On the first Monday after the filing of the result of said election in the office of the clerk of the county, those who were elected members of the governing body shall assemble in some convenient place, and after each member thereof has duly qualified and taken his oath of office, they shall proceed to organize in the manner provided by law. All other officers chosen at said first election shall qualify within five days thereafter.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-17 - Joint committee to divide property; appointment

40:43-17. Joint committee to divide property; appointment
If the newly created municipality includes a portion of any other municipality, the governing body of the newly created municipality shall forthwith appoint from among its members a committee of three, and a like committee shall be appointed by the governing bodies of each of the municipalities a portion of which has been included in the newly created municipality. The committees together shall be termed a joint committee, but no such joint committee shall function in case any of the municipalities shall proceed to have commissioners appointed under the provisions of section 40:43-21 of this title.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-18 - Joint meeting; property and indebtedness apportioned

40:43-18. Joint meeting; property and indebtedness apportioned
Whenever a joint committee is created as provided by section 40:43-17 of this title the governing body of the newly created municipality shall appoint a time and place for a meeting of said joint committee, and shall give at least ten days' written notice thereof to the presiding officer and clerk of each of the governing bodies of the municipalities a portion of which has been taken by the newly created municipality.
At the appointed time and place said joint committee shall meet, and shall then and there, or as soon thereafter as may be, proceed to appraise, state an account of, allot and divide between such newly created municipality and such other municipalities, all the moneys on hand, property, assets and liens of every kind, and all the indebtedness of such municipalities, in the proportion that the taxable property within the portion of any municipality so taken shall bear to the whole taxable property of said municipality as the same was before such portion was taken.
Such apportionment shall be based upon the last abstract of ratables made for the purpose of levying taxes in each of the municipalities a portion of which has been included in the newly created municipality.
Any real estate belonging to any old municipality, acquired and held for public use, shall be and remain the property of the municipality within whose limits it may lie after separation as aforesaid, and any indebtedness then existing which had been incurred for or on account of said property shall be or become the indebtedness of the municipality within whose limits the property may then be, and neither said property nor said indebtedness shall be included or taken into account in making the apportionment and division provided for herein.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-19 - Quorum; procedure; clerk appointed

40:43-19. Quorum; procedure; clerk appointed
In effecting such division a decision of a majority of those present of the committee of said newly created municipality concurred in by a majority of those present of the committee of the municipality the assets and debts of which are being divided, shall be final and conclusive. The members of the committees of other municipalities present for the purpose of making such division shall have no voice therein. If any member of any of said committees fails to attend such meeting, or any adjourned meeting, the other members thereof who may be present may act. A minority of the whole number of such joint committee may adjourn any meeting from time to time, not exceeding one week.
The joint committee shall appoint a clerk from their own number who shall keep a record of their proceedings and shall certify to each municipality affected the apportionment of assets and debts made.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-20 - Joint committee; powers; subpoenas

40:43-20. Joint committee; powers; subpoenas
The joint committee shall have power to take testimony, issue subpoenas, compel the attendance of any of the officers of any of the municipalities affected, compel the production of all books and papers relating to the subject matter under consideration, and to administer oaths to any person appearing before the committee to testify. Its subpoenas, shall be enforceable, and misconduct of a witness may be dealt with, in the manner provided by the County and Municipal Investigations Law (1952).
Amended by L.1953, c. 37, p. 684, s. 151, eff. March 19, 1953.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-21 - Commissioners appointed where no agreement reached

40:43-21. Commissioners appointed where no agreement reached
40:43-21. If the joint committee shall be unable to agree upon a division of the assets or debts of said municipalities, or in case any of the municipalities desires to have such allotment and division made by commissioners, the governing body of any of the municipalities may apply to a judge of the Superior Court for the appointment of three disinterested persons as commissioners, who shall make the above appraisal and apportionment in the manner hereinbefore provided; and their determination in writing, signed by any two of them, shall be binding and conclusive upon each of the municipalities. The commissioners shall receive such compensation for their services as the judge shall by order determine, to be paid by the municipalities equally.
Amended 1953,c.37,s.152; 1991,c.91,s.384.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-21.1 - Refunding pro rata share of indebtedness

40:43-21.1. Refunding pro rata share of indebtedness
When two or more municipalities have been created prior to May second, one thousand nine hundred and thirty-six, within the limits of a former municipality and the bonded indebtedness of said former municipality shall have been apportioned among the newly created municipalities in accordance with this article, and one or more but not all of such newly created municipalities shall desire to retire or refund any or all of the indebtedness so allocated to it or them by payment of the same or by the issuance of new bonds in discharge thereof, such municipality or municipalities may pay said allocated proportion of such indebtedness or refund all or any part thereof including interest accrued thereon by the issuance of new bonds under the provisions of any law of this state permitting the issuance of refunding bonds, provided the holders of the outstanding obligations of said former municipality shall agree to accept part payment thereof either in cash or in refunding bonds of the municipalities desiring to refund their respective shares of said obligations. As evidence of the receipt of payment on account of the principal of and interest on the outstanding obligations, the registered holders thereof shall execute a release which shall be stamped on each such obligation and which shall be in such form as shall have been approved by the governing body of the municipality. No payment shall be made or any refunding bond issued on account of any such outstanding obligations except to the registered holders of such obligations. Upon the above-mentioned release being duly executed by the registered holder of the outstanding obligation, such municipality or municipalities so released shall be relieved and discharged of any and all further liability in respect to the principal of and interest on each said outstanding obligation.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-22 - Dissolution of municipality

40:43-22. Dissolution of municipality
Whenever any municipality shall be dissolved under any special or general law, and shall then become or be made a part of any other municipality, or shall have its territory divided among several municipalities, the municipality of which it becomes a part, if it becomes a part of any one municipality, shall have and possess all its property, assets and liens, and shall be found by an charged with the payment of all its indebtedness or obligations for the payment of money, or otherwise. Where the municipality becomes a part of, or its territory is divided among several municipalities, apportionment shall be made of said assets, property, liens, debts, obligations and other liabilities, in the manner hereinbefore provided in case of the creation of a new municipality.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-23 - Officers of old municipality residing in new municipality; how affected

40:43-23. Officers of old municipality residing in new municipality; how affected
If a newly created municipality shall include a part of another municipality, any officer thereof residing within the limits of the newly created municipality shall hold his office and perform the duties thereof until the next general election is held for the election of officers within the old municipality, at which time some other person residing in the remaining part of said municipality shall be elected in his place whether the term of office for which he was originally elected has expired or not.
Amended by L.1953, c. 37, p. 685, s. 153, eff. March 19, 1953.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-24 - Special acts repealed on incorporation; rights thereunder unaffected

40:43-24. Special acts repealed on incorporation; rights thereunder unaffected
Any charter or special act in force within any municipality, any portion of which shall be included within such newly created municipality, shall be of no further effect within such newly created municipality, and as to it, shall be deemed to be, from the time of its incorporation, repealed, but, such repeal shall not operate to affect any rights which shall have been acquired under or by said charter or special act.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-25 - Real estate includes sewers; indebtedness for; neither considered in apportionment

40:43-25. Real estate includes sewers; indebtedness for; neither considered in apportionment
The term "real estate" , as used in this article, includes all sewer or other improvements of a public nature so lying entirely within the limits of the newly created municipality; and any indebtedness existing at the time of the creation of said new municipality, incurred for or on account of said sewer, or other improvements of a public nature, shall be and remain the indebtedness of the municipality within whose territory such sewer or other improvement lies, and be its property; and neither said sewer or other public improvement, nor said indebtedness, shall be included or taken into account in making the apportionment and division herein provided for.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-25.1 - Newly created municipalities may adopt by reference ordinances of municipality of which it was a part

40:43-25.1. Newly created municipalities may adopt by reference ordinances of municipality of which it was a part
The governing body of a newly created municipality may enact within two years after its formation an ordinance or ordinances adopting by reference the provisions of any ordinance or ordinances of the municipality of which it was a part, and the ordinance or ordinances so adopted by reference shall have the same effect within the new municipality as it or they theretofore had in the municipality of which it formed a part.
L.1951, c. 299, p. 1080, s. 1, eff. July 13, 1951.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-25.2 - Adoption of ordinances by reference; procedure

40:43-25.2. Adoption of ordinances by reference; procedure
All provisions of law relating to the adoption, approval and advertisement of ordinances generally shall apply to the ordinance or ordinances adopting such ordinance or ordinances by reference; but it shall not be necessary to publish or set forth at length the provisions of the ordinance or ordinances so adopted by reference; provided, that the ordinance or ordinances to be adopted by reference is or are so described as to identify clearly the ordinance or ordinances referred to, and that there be stated in said adopting ordinance that a copy of the ordinance or ordinances to be adopted by reference has been filed in the office of the municipal clerk, there to remain for the use and examination of the public until final action is taken on said adopting ordinance, and thereafter while the same shall be in effect if such ordinance shall be adopted; and provided, that said copy of said ordinance or ordinances so adopted by reference shall be and remain on file accordingly.
L.1951, c. 299, p. 1081, s. 2, eff. July 13, 1951.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-64.1 - Consolidation of borough under jurisdiction of Local Government Board with township not so functioning; release

40:43-64.1. Consolidation of borough under jurisdiction of Local Government Board with township not so functioning; release
Whenever any borough is functioning under the jurisdiction of the Local Government Board in the Division of Local Government in the State Department of Taxation and Finance, acting in place of the Municipal Finance Commission, and is annexed to and consolidated with a township not so functioning, the said Local Government Board may impose such conditions as it may deem reasonable and proper in releasing such borough from its said jurisdiction and control.
L.1945, c. 268, p. 800, s. 1, eff. April 30, 1945.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-64.2 - Release of consolidating borough from liability to county for delinquent taxes; approval

40:43-64.2. Release of consolidating borough from liability to county for delinquent taxes; approval
In any such case of annexation and consolidation, the board of chosen freeholders of the county wherein said municipalities are located may, by resolution, release and discharge said borough from any and all liability of said borough to said county for delinquent taxes and unpaid interest thereon due said county for county and State purposes whether the same shall have been assessed or not, and shall certify any such resolution to the said Division of Local Government and to said township and any such resolution shall be ineffective unless approved by the said Local Government Board.
L.1945, c. 268, p. 800, s. 2, eff. April 30, 1945.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-64.3 - Transfer of property and rights to township; liabilities; offices; adjustments

40:43-64.3. Transfer of property and rights to township; liabilities; offices; adjustments
In any such case of annexation and consolidation:
(a) all of the property, tangible and intangible, and all of the rights of any kind of the borough shall be transferred to and become the property and rights of the township;
(b) all books, papers, records and evidence of title in the possession or custody of any officer or employee of the borough shall be turned over to the officers or employees of the township holding offices or positions in the township similar to those of the borough having such possession or custody;
(c) all liabilities, except as are released, as provided in this act, of the borough shall be assumed by and shall become the liabilities of the township;
(d) all offices and positions in the borough shall cease upon the final release of the borough from the jurisdiction and control of said Local Government Board in accordance with the provisions of this act;
(e) the governing body of the said township, by resolution, shall provide for any and all necessary adjustments and apportionments to equitably impose the burden of taxation upon the taxpayers of the township until such time as all of the liabilities of the borough shall have been liquidated.
L.1945, c. 268, p. 801, s. 3, eff. April 30, 1945.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-65 - Consolidation of boroughs or other municipalities with cities lying in different counties

40:43-65. Consolidation of boroughs or other municipalities with cities lying in different counties
L.1915, c. 374, p. 691, s.s. 1 to 10, and 12 to 15 [1924 Suppl. s.s. *136-740A(1) to *136-740A(10) and *136-740A(12) to *136-740A(15) ], entitled "An act concerning the consolidation of boroughs or other municipalities with cities lying in different counties," approved April twenty-first, one thousand nine hundred and fifteen, saved from repeal. [This act defines the status of the borough or other municipality after its consolidation under any general or special law with a city or cities lying in a different county. It defines the duties of the various officers and provides for carrying the consolidation into effect. Section 11 of the act was repealed by L.1934, c. 32, p. 105.]
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-66.36 - Legislative findings and declarations

40:43-66.36. Legislative findings and declarations
The Legislature hereby finds and declares that it is in the public interest to encourage contiguous municipalities to consider consolidation as a means of insuring more rational control of growth and development, more efficient provision of local services and more effective public administration; that the existing laws of this State are inadequate to encourage local consideration of consolidation in many instances where such action might be desirable; and, that the State should provide technical and financial assistance to encourage such consideration in those instances where it may be appropriate, and where voluntarily agreed to by the municipalities involved.
The Legislature further declares that, since political and administrative consolidation of separate municipalities is an act of high public importance to which are attached many unforeseen difficulties and obstacles, the successful completion of a plan of consolidation, once approved by a vote of the residents of the municipalities involved, shall constitute a public purpose of this State; and, therefore, that the grant of powers under this act is intended to be as broad as is consistent with the Constitution of New Jersey and with general law relating to local government, and shall be construed as liberally as possible in regard to the consolidated municipality's right to organize its own form of government, to organize its structure and to alter or abolish previously existing municipal agencies, subject to the general mandate of performing services and to the provisions of the plan of consolidation approved by the voters.
L.1977, c. 435, s. 2, eff. March 1, 1978.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-66.37 - Definitions

40:43-66.37. Definitions
As used in this act, unless the context requires another or different meaning:
a. "Commissioner" means the Commissioner of Community Affairs;
b. "Consolidated municipality" means the single new municipality that results from an affirmative consolidation effort pursuant to the provisions of this act;
c. "Consolidation commission," or "commission," means a joint municipal consolidation study commission created pursuant to the provisions of this act;
d. "Department" means the Department of Community Affairs;
e. "Eligible consolidated municipality" means a municipality consolidated pursuant to the provisions of this act under a plan approved by the department; and,
f. "Participating municipalities" means any two or more municipalities involved in a consolidation effort, or which have been consolidated together into a consolidated municipality, pursuant to the provisions of this act.
L.1977, c. 435, s. 3, eff. March 1, 1978.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-66.39 - Proposal for formation of joint municipal consolidation study commission.

40:43-66.39 Proposal for formation of joint municipal consolidation study commission.
5. The governing body of any municipality proposing to consolidate with one or more other municipalities may, by ordinance or resolution, propose the formation of a joint municipal consolidation study commission as provided for in section 7 of this act. The ordinance or resolution shall state that the governing body is seeking the formation of a joint municipal consolidation study commission pursuant to the provisions of this act, and shall name the municipalities for which a consolidation study is proposed. Upon adoption of such ordinance or resolution, the clerk of the municipality adopting the ordinance or resolution shall forthwith transmit a certified copy thereof to the municipal clerk of each of the other municipalities named in the ordinance or resolution and to the clerk of the county in which such municipalities are located.
L.1977,c.435,s.5; amended 2001, c.342, s.5.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-66.40 - Petition for formation of joint municipal consolidation study commission; certification of sufficiency; transmittal

40:43-66.40. Petition for formation of joint municipal consolidation study commission; certification of sufficiency; transmittal
The registered voters of any municipality may, by petition, propose the formation of a joint municipal consolidation study commission. The petition, or each petition paper, as the case may be, shall state the purpose of the petition, and shall name the municipalities for which a consolidation study is proposed. The petition to be sufficient shall be signed by the registered and qualified voters of the municipality in a number at least equal to 10% of the total votes cast in the municipality at the last preceding general election at which members of the General Assembly were elected. The petition shall be filed with the clerk of the municipality who shall, upon said filing, forthwith ascertain and certify the number and validity of the signatures affixed thereto. If the petition is determined to be insufficient, the person designated in the petition for such purpose shall have 10 days from the notification of insufficiency to file a supplementary petition designed to rectify such insufficiency, which shall be in the same form and shall be filed in the same manner as the original petition. If no supplementary petition is filed within 10 days after such notification of insufficiency, or if the clerk shall, within 5 days after such a supplementary petition is filed, examine it and determine it to be still insufficient, the clerk shall file his certificate of insufficiency in his office and notify such person of the insufficiency. A finding of insufficiency shall not prejudice the filing of a new petition for the same purpose, provided that such new petition otherwise conforms to the requirements of this act.
If the petition is determined to be sufficient, the clerk of the municipality shall so certify, and shall forthwith transmit a certified copy to the governing body of the municipality, to the municipal clerk of each of the other municipalities named in the petition, and to the clerk of the county in which such municipalities are located.
L.1977, c. 435, s. 6, eff. March 1, 1978.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-66.42 - Election of members of consolidation commission.

40:43-66.42 Election of members of consolidation commission.
8. Members of a consolidation commission formed pursuant to paragraph (1) of subsection a. of section 7 of P.L.1977, c.435 (C.40:43-66.41) shall be elected by the qualified voters at the same time as the public question is submitted.
Duly nominated candidates for the office of commission member shall be placed upon the ballot containing the public question in the same manner as is provided by law for candidates nominated by petition for other elective offices of a single municipality, except that they shall be listed without any designation or slogan. Each voter shall be instructed to vote on the question and, regardless of the manner of the voter's vote on the question, to vote for the elected members of a commission.
The five candidates for commission member receiving the greatest number of votes shall be elected and shall constitute the commission members from the participating municipality in which they reside, provided that if a majority of those voting on the public question in any of the municipalities in which the question was submitted shall have voted against the formation of a commission, none of the candidates in any of the municipalities shall be elected. In the instance that the vote for commission members results in six or more candidates in any one participating municipality receiving sufficient votes to be elected, then those candidates receiving the least and equal number of votes shall draw lots to determine which shall be elected.
b. Members of a consolidation commission formed pursuant to paragraph (2) of subsection a. of section 7 of P.L.1977, c.435 (C.40:43-66.41) shall be appointed by the governing body of the participating municipality.
Five members shall be appointed to the consolidation commission by the governing body of the participating municipality. The governing body shall appoint not more than one individual who holds a paid or volunteer position with the appointing municipality. Each member, except a member holding a paid or volunteer position with the appointing municipality, shall be a resident of the appointing municipality.
L.1977,c.435,s.8; amended 1999, c.58, s.2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-66.43 - Qualifications of candidates of consolidation commission.

40:43-66.43 Qualifications of candidates of consolidation commission.
9. a. The candidates from each participating municipality for a consolidation commission formed pursuant to paragraph (1) of subsection a. of section 7 of P.L.1977, c.435 (C.40:43-66.41) shall be registered voters of that municipality. They may be nominated by petitions signed by the registered and qualified voters of the municipality in a number at least equal to one percent of the total votes cast in the municipality at the last preceding general election at which members of the General Assembly were elected, or by 25 registered and qualified voters of the municipality, whichever is less, and filed with the municipal clerk not less than 40 days prior to the date of the election.
b. Each nominating petition shall set forth the names, places of residence, and post-office addresses of the person or persons therein nominated, and a statement that the nomination is for the office of commission member and that the petitioners are registered voters of the municipality. Every voter signing a nominating petition shall, in addition to the voter's signature, give the voter's place of residence, post-office address and street number, if any.
c. Before being filed with the municipal clerk, each nominating petition shall have fixed or appended thereto, or, if the same person or persons are named in more than one petition, fixed or appended to one of such petitions, a written acceptance of such nomination signed by the person or persons nominated therein. Such acceptance shall certify that the nominee is a registered voter of the municipality, that the nominee consents to stand as a candidate at the election and that, if elected, the nominee agrees to take office and serve.
d. Each nominating petition shall be verified by an oath or affirmation of one or more of the signers thereof, taken and subscribed before a person qualified under the laws of New Jersey to administer an oath, to the effect that the petition was signed by each of the signers thereof in each signer's proper handwriting, that the signers are, to the best knowledge and belief of the affiant, registered voters of the municipality, and that the petition is prepared and filed in good faith for the sole purpose of endorsing the person or persons named therein for election as stated in the petition.
e. If any nominating petition, or any oath, affirmation or written statement attached thereto, is defective, the person designated in the petition for such purpose may cause such petition or oath, affirmation or written statement to be amended in the manner prescribed for the amendment of defective petitions for nominating candidates for general elections in R.S.19:13-13.
L.1977,c.435,s.9; amended 1999, c.58, s.3
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-66.45 - Membership of joint municipal consolidation study commission.

40:43-66.45 Membership of joint municipal consolidation study commission.
11. The membership of a joint municipal consolidation study commission formed pursuant to the provisions of P.L.1977, c.435 (C.40:43-66.35 et seq.) shall consist of five members from each participating municipality.
L.1977,c.435,s.11; amended 1999, c.58, s.4.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-66.46 - Certification of election results

40:43-66.46. Certification of election results
The results of the election in each municipality in which the question was submitted shall be certified in accordance with Title 19 of the Revised Statutes, and the county clerk shall, in turn, not more than 5 days after said certification, notify the Commissioner of Community Affairs of said election results.
L.1977, c. 435, s. 12, eff. March 1, 1978.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-66.47 - Appointment of commissioner's representative.

40:43-66.47 Appointment of commissioner's representative.
13. The Commissioner of Community Affairs shall appoint a person to act as the commissioner's representative to the commission. The commissioner's appointee shall not be a member or an officer of the commission, shall not be a resident of any of the participating municipalities, but shall participate in all meetings, activities and proceedings of the commission.
L.1977,c.435,s.13; amended 1999, c.58, s.5.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-66.48 - Organization, meeting of consolidation commission.

40:43-66.48 Organization, meeting of consolidation commission.
14. As soon as possible and in any event no later than 15 days after the election or appointment of all its members, the consolidation commission shall organize and hold its first meeting. The commission shall elect from its membership a chair and a vice-chair. The commission shall fix its hours and places of meeting, adopt such rules for the conduct of its business as it may deem necessary and advisable, and appoint a secretary, who need not be a member of the commission. A majority of the total membership of the commission shall constitute a quorum for the transaction of business, but no recommendation of said commission shall have any legal effect pursuant to P.L.1977, c.435 (C.40:43-66.35 et seq.), unless adopted by a majority of the five commission members from each of the participating municipalities.
At its first meeting, or as soon thereafter as possible, the commission shall establish a schedule for the conduct of its business which shall take into account the following mandatory dates:
a. The five-month date set forth in section 20 of P.L.1977, c.435 (C.40:43-66.54) by which the Department of Community Affairs is required to report its fiscal findings to the commission;
b. (Deleted by amendment, P.L.1999, c.58.)
c. (Deleted by amendment, P.L.1999, c.58.) and,
d. The 10-month date set forth in section 22 of P.L.1977, c.435 (C.40:43-66.56) by which the commission is required to submit its final report.
A copy of such schedule shall be filed with the commissioner and with the clerk of each of the participating municipalities within 30 days after the first meeting.
L.1977,c.435,s.14; amended 1999, c.58, s.6.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-66.49 - Vacancies

40:43-66.49. Vacancies
In case of any vacancy in the membership of the commission, the governing body of the participating municipality in which the vacancy occurred shall, within 10 days after notification of such vacancy, fill it by appointing thereto a registered voter of said municipality.
L.1977, c. 435, s. 15, eff. March 1, 1978.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-66.51 - Meetings and hearings; application of Open Public Meetings Act; subpenas

40:43-66.51. Meetings and hearings; application of Open Public Meetings Act; subpenas
The commission shall hold its meetings and hearings in accordance with the provisions of the "Open Public Meetings Act" (P.L.1975, c. 231; C. 10:4-6 et seq.), and shall generally provide for the widest possible public information and discussion with regard to the purposes and progress of its work.
The commission shall have the power to take testimony and issue subpenas; to compel the attendance of officers and employees of the participating municipalities; to compel the production of all books, documents and other papers of the participating municipalities; and, to administer oaths to persons appearing before it to testify. Any such subpenas shall be enforceable, and misconduct of a witness may be dealt with, in the manner provided by the "County and Municipal Investigations Law" (P.L.1953, c. 38; C. 2A:67A-1 et seq.).
L.1977, c. 435, s. 17, eff. March 1, 1978.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-66.52 - Compensation of members; reimbursement of expenses

40:43-66.52. Compensation of members; reimbursement of expenses
Members of the consolidation commission shall serve without compensation, but shall be reimbursed for necessary expenses incurred by them in the performance of their official duties.
L.1977, c. 435, s. 18, eff. March 1, 1978.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-66.54 - Study of fiscal aspects of proposed consolidation.

40:43-66.54 Study of fiscal aspects of proposed consolidation.
20. a. The Department of Community Affairs shall, within five months from the date of its receipt of all the election results or ordinances, or both, establishing a commission pursuant to section 7 of P.L.1977, c.435 (C.40:43-66.41), prepare an objective study of the fiscal aspects of the proposed consolidation, and shall report its findings to the commission.
b. The department shall, to every possible extent, advise and cooperate with any consolidation commission created pursuant to P.L.1977, c.435 (C.40:43-66.35 et seq.) and shall make available its facilities, records, and technical and professional resources. The department shall consider promptly any commission application for a State grant to conduct, or any commission request for the department to conduct, any other feasibility study or studies consistent with the provisions of P.L.1977, c.435 (C.40:43-66.35 et seq.); provided, however, that whenever any such study or studies are to be conducted by a party other than the department, said party shall be approved by, and conduct such study or studies under the supervision of, the department. Upon approval of such study or studies, the commissioner shall certify the amount approved therefor to the State Treasurer, who shall make immediate payment thereon. Any application for financial assistance submitted by a commission created pursuant to P.L.1977, c.435 (C.40:43-66.35 et seq.) shall have first claim on any moneys appropriated under any State aid or grant program that authorizes the use of funds for these purposes. At the written request of such a commission, a reservation of moneys shall be made by the commissioner prior to the formal filing of an application therefor by such commission.
L.1977,c.435,s.20; amended 1999, c.58, s.7.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-66.56 - Filing of final report, recommendations.

40:43-66.56 Filing of final report, recommendations.
22. a. The joint municipal consolidation study commission shall publish and file its final report and recommendations within ten calendar months from the date all of its members are elected or appointed. A copy of such final report signed by the chairman of the commission shall be filed with the Secretary of State, the department, the county clerk and with the municipal clerk of each participating municipality. Included in such final report shall be: a statement, if any, by any member of the commission dissenting from the findings and recommendations set forth in the final report; and the department's findings on the fiscal aspects of the proposed consolidation. The municipal clerks shall deliver a copy of such final report to each member of the governing body of their respective municipalities. The commission shall cause a reasonable number of copies of the final report to be printed and made available to the general public upon request.
b. If the commission recommends consolidation, it shall prepare an "official abstract" of its report and recommendations and plan of consolidation consisting of a concise statement, which shall be objective in content and presentation, and shall be descriptive of the substance of the plan. At the time the commission publishes and files its final report, and again on a date not less than 30 days preceding the date fixed for the election, the commission shall cause the official abstract to be published at least once in a newspaper of general circulation in the participating municipalities, together with notice of:
(1) The time, place and purpose of the election;
(2) The manner in which copies of the commission's final report and recommendations may be obtained;
(3) (Deleted by amendment, P.L.1999, c.58.)
(4) The fact that if the voters favor the consolidation by a majority vote in each of the participating municipalities, the consolidation plan shall become binding and legally enforceable between or among such municipalities.
L.1977,c.435,s.22; amended 1999, c.58, s.8.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-66.57 - Discharge of commission

40:43-66.57. Discharge of commission
The consolidation commission shall be discharged:
a. On the date of the filing of its final report and recommendations, if such report recommends against the consolidation of the participating municipalities;
b. On the date of the certification of the results of the referendum, if such certification establishes that the consolidation recommended by the commission has not been approved by the voters of each of the participating municipalities; or,
c. If the plan of consolidation is approved by the voters of the participating municipalities, on the one hundredth and eighty-first day following the date of consolidation, or on such date as the governing body of the consolidated municipality shall adopt permanent ordinances, rules and regulations for the consolidated municipality, whichever shall occur sooner, during which interval the commission shall serve as an advisory body to the governing body of the consolidated municipality.
L.1977, c. 435, s. 23, eff. March 1, 1978.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-66.58 - Recommendations in final report

40:43-66.58. Recommendations in final report
24. In its final report the consolidation commission may recommend:
a. That a referendum be held to submit to the registered voters of the participating municipalities the question of whether or not the participating municipalities shall be consolidated into a single new municipality pursuant to the plan of consolidation set forth in the report. In which case, the commission shall also recommend:
(1) The adoption of one of the plans or forms of government authorized under the "Optional Municipal Charter Law," the "commission form of government law," or the "municipal manager form of government law;" or,
(2) That the governing bodies of the participating municipalities shall petition the Legislature, pursuant to Article IV, Section VII, Paragraph 10, of the Constitution, for the enactment of the special charter set forth in the final report of the commission; or,
(3) That the plan or form of government of one of the participating municipalities be retained as the plan or form of government of the consolidated municipality.
b. That the participating municipalities not be consolidated into a single new municipality. In which case, the commission may, if it deems appropriate, make alternative findings and recommendations to the governing bodies of the participating municipalities, in lieu of political consolidation, concerning the consolidation or regionalization of separate municipal services and functions pursuant to any of the statutes of this State that authorize and permit joint action, consolidation or regionalization of municipal services and functions; provided, however, that in the case of a finding or recommendation concerning the consolidation or regionalization of law enforcement services and functions, the joint action, consolidation, or regionalization shall be accomplished in accordance with the provisions of the "Interlocal Services Act," P.L.1973, c.208 (C.40:8A-1 et al.) or the "Consolidated Municipal Service Act," P.L.1952, c.72 (C.40:48B-1 et seq.). Such alternative findings and recommendations may take either of the following forms:
(1) A recommendation for the consolidation or regionalization of specific functions and services, which may include a designation of which functions or services are to be consolidated or regionalized and a suggested schedule therefor; or,
(2) A recommended schedule for the staged regionalization or consolidation of the functions and services of the participating municipalities over some specific period of time leading to the reconsideration of the question of political consolidation at a later date.
L.1977,c.435,s.24; amended 1992,c.145,s.1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-66.59 - Referendum

40:43-66.59. Referendum
If the commission recommends the submission of the question of consolidation to the voters, the municipal clerk of each participating municipality shall cause the question of consolidation to be submitted to the registered voters of each participating municipality on the date for the next general or municipal election, whichever shall occur sooner. At that election, the question shall be submitted in the same manner as other public questions in each such municipality, and in the following form or such part thereof as shall be applicable:
"Shall (insert the names of the participating municipalities) be consolidated into a single municipality to be known as (insert name and type of municipality) and governed under (insert alternative a., b., c., d., or e. below, as may be appropriate)?"
(a. the present plan or form of government of (insert name of appropriate municipality) and (if appropriate) providing for a division of the municipality into (insert number) wards, with (insert number) (insert title of members of governing body) to be elected from each ward and (insert number) to be elected at large);
(b. a special charter to be enacted by the Legislature as recommended by the consolidation commission);
(c. the (insert name of plan) of the "Optional Municipal Charter Law," providing for a division of the municipality into (insert number) wards, with (insert number) councilmen, (one to be elected from each ward and (insert number) to be elected at large));
(d. the commission form of government to be adopted pursuant to chapters 70 to 76 of Title 40 of the Revised Statutes (R.S. 40:70-1 et seq.)); or,
(e. the municipal manager form of government to be adopted pursuant to chapters 79 to 85 of Title 40 of the Revised Statutes (R.S. 40:79-1 et seq.)).
[ ] For Consolidation [ ] Against Consolidation
L.1977, c. 435, s. 25, eff. March 1, 1978.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-66.60 - Special charter; petition to legislature upon approval of plan by voters

40:43-66.60. Special charter; petition to legislature upon approval of plan by voters
If any consolidation plan approved by the voters shall involve a special charter for the consolidated municipality, the governing bodies of the participating municipality shall, forthwith upon the approval by the voters of such consolidation plan, petition the Legislature, pursuant to Article IV, Section VII, Paragraph 10, of the Constitution, for the special charter set forth in the Commission's report. Such special charter shall set forth the date of election of the first officers of the consolidated municipality, and the manner in which such charter shall be ratified in order for it to become operative.
L.1977, c. 435, s. 26, eff. March 1, 1978.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-66.61 - Prohibition on creation of joint municipal consolidation study commission while proceedings pending.

40:43-66.61 Prohibition on creation of joint municipal consolidation study commission while proceedings pending.
27. No ordinance or resolution may be adopted and no petition may be filed for the creation of a joint municipal consolidation study commission pursuant to sections 5 and 6 of this act while proceedings are pending under any other petition filed or ordinance adopted pursuant to the provisions of the "Optional Municipal Charter Law" or any other general law relating to a change in the form of government in any of the participating municipalities. No ordinance or resolution may be adopted and no petition may be filed for the creation of such a commission pursuant to the provisions of this act within four years after the date on which the question of consolidation has been submitted to the voters pursuant to section 25 of this act; provided, however, that the adoption of an ordinance or resolution or the filing of a petition and the holding of any referendum thereafter under the provisions of the "Optional Municipal Charter Law" or other general law relating to a change in the form of government in any of the participating municipalities, if such proceedings have been completed, shall not preclude the participating municipalities from proceeding under the provisions of this act notwithstanding the fact that four years may not have expired since the completion of said proceedings.
L.1977,c.435,s.27; amended 2001, c.342, s.7.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-66.62 - Vote necessary

40:43-66.62. Vote necessary
The question submitted pursuant to section 25 of this act shall be deemed approved and adopted only if a majority of those voting on the question in each of the participating municipalities votes in favor of the question.
L.1977, c. 435, s. 28, eff. March 1, 1978.