N.J. Stat. tit. 40, ch. 65

in effect

N.J. Stat. § 40:65-1 Ordinances for cost; conformance to grade; exception

The governing body may make, amend, repeal and enforce ordinances: To regulate and provide for the construction and reconstruction, paving and repaving, curbing and recurbing, repairing and improving of the sidewalks of the streets and highways of the municipality, wholly at the cost of the municipality or wholly at the cost of the owner or owners of the real estate in front of which the improvement is made, or at the cost of the municipality and such owner or owners, to prescribe the method thereof, the materials to be used therein and the inspection thereof. When the grade of the street, or highway, or part thereof, shall have been previously legally established, the proposed improvement shall conform, as nearly as practicable, to such established grade. If any street, parkway or public highway so to be improved be under the control of any county board or commission, the approval of said body of the plans of improvement shall be obtained before the improvement is begun. Nothing herein contained shall be construed as permitting the governing body of any municipality to improve any road, street or highway entirely within the limits of a county park. Amended by L.1958, c. 133, p. 633, s. 1, eff. July 29, 1958.

N.J. Stat. § 40:65-2 Notice of improvement; contents

In event that the cost of any such improvement is to be borne wholly or in part by the owner or owners of such real estate, the governing body shall, before making any such improvement or awarding any contract therefor cause notice of the proposed improvement to be given to the owner or owners of all real estate affected thereby. The notice shall contain a description of the property affected sufficient to identify it, a description of the improvement, and a statement of the percentage of the cost to be borne by the owner or owners of such real estate, if the cost thereof is to be borne in part by such owners, or a statement that unless the owner or owners complete the same within 30 days after service thereof the municipality will make the improvement at the expense of the owners, if the cost of the improvement is to be borne wholly by the owner or owners of such real estate. Amended by L.1958, c. 133, p. 634, s. 2.

N.J. Stat. § 40:65-3 Service of notice.

40:65-3. The notice may be served upon all owners residing in the municipality, personally, or by leaving the same at their usual place of residence with a member of the family above the age of fourteen years. In the case of minors and incapacitated persons, the notice shall be served upon their guardians; when any real estate is held in trust, upon the trustee; when held by joint tenants, tenants in common or by the entirety, upon any one such tenant. If the owner of the real estate is a nonresident of the municipality, the notice may be served upon the owner personally, or upon the owner's agent in charge of the property, or upon the occupant thereof, or mailed to the nonresident owner at the nonresident owner's last known post-office address. amended 2013, c.103, s.108.

N.J. Stat. § 40:65-4 Publication of notice where service impossible

If the owner is unknown, or if, for any reason, service cannot be made as hereinbefore directed, the notice shall be published in a newspaper circulating in the municipality, at least once and not less than thirty days before the improvement is made by the municipality. Notices to the owner or owners of several distinct parcels of real estate may be inserted in the same publication.

N.J. Stat. § 40:65-5 Proof of service

Proof by affidavit of service of such notices shall be filed within ten days thereafter with the officer in charge of the records of tax liens of the municipality, but failure to file such proofs shall not invalidate the proceedings if service has been made as hereinbefore provided.

N.J. Stat. § 40:65-6 Notice of improvement unnecessary where notice of ordinance given

The governing body may make any sidewalk improvement, or award a contract or contracts therefor, without giving the notice required by sections 40:65-2 to 40:65-5 of this title, if notice of the pendency of the ordinance providing for the improvement be given to the owners of the real estate affected thereby, in the same manner as provided in said sections 40:65-2 to 40:65-5, and a hearing be given to all persons interested in the proposed improvement at the time and place stated in the notice and before passage of the ordinance. The notice shall be served or published ten days prior to the day fixed for the hearing.

N.J. Stat. § 40:65-7 Municipality to make improvement on neglect of owner; contracts

In any case in which the owner or owners of the real estate affected are required to bear the whole cost of the improvement after the passage of the ordinance therefor, and notice given as in sections 40:65-2 to 40:65-5 of this Title directed, the owner of any real estate affected by such improvement shall fail to make such improvement as required by the ordinance, or in any case in which the whole cost of said improvement is not to be borne by the owner or owners of the real estate affected thereby, the governing body may cause the improvement to be made under supervision of the proper municipal officer, or may award a contract or contracts therefor. Amended by L.1958, c. 133, p. 635, s. 3, eff. July 29, 1958.

N.J. Stat. § 40:65-8 Costs; record filed; apportionment and assessment; notice to owners

The officer of the municipality in charge of such improvement shall keep an accurate account of the cost thereof and if such cost or any part thereof is to be assessed upon the several properties fronting on the improvement, shall assess such cost or the proportion thereof required to be assessed under said ordinance upon such properties in proportion to their respective frontage thereon, and file a report thereof under oath with the municipal clerk. The governing body shall examine such report, and if properly made, confirm and file it with the officer charged with the collection of assessments, who shall record such sidewalk assessments in the book in which other assessments of the municipality are recorded. Before confirming the report the governing body shall give notice to the owner or owners named therein of the time and place fixed for examination of the report. The notice shall be served in the same manner as required for service of notices before consideration by a governing body of a municipality of assessments for benefits for local improvements, but failure to give any such notice shall not invalidate the proceedings. Amended by L.1958, c. 133, p. 635, s. 4, eff. July 29, 1958.

N.J. Stat. § 40:65-9 Assessments a lien; collection and enforcement; installments; errors immaterial

Such sidewalk assessments shall bear interest from the time of confirmation at the same rate and with the same penalties for nonpayment as assessments for local improvements in the municipality, and from the confirmation thereof shall be a first and paramount lien upon the real estate assessed to the same extent and be collected and enforced in the same manner as assessments for local improvements. The governing body may provide for the payment and collection of such assessments in installments in the same manner and at the same rate of interest as assessments for local improvements are payable in installments in the municipality. No such assessments shall be invalid by reason of error in the statement or omission of the name of any owner or owners of real estate assessed, or for any other informality, where such real estate has been actually improved.

N.J. Stat. § 40:65-9.1 Repair or reconstruction of sidewalks at public expense

The governing body of any municipality of this State may provide for the repair or reconstruction of sidewalks on the streets or roads of such municipality at public expense under the conditions hereinafter stated: (a) When any sidewalk, previously constructed or reconstructed as a local improvement under chapter sixty-five of Title 40 of the Revised Statutes or under article XXV of chapter one hundred fifty-two of the laws of one thousand nine hundred and seventeen or under chapter ninety-nine of the laws of one thousand nine hundred and nineteen, is dilapidated or in need of repair or reconstruction, where such condition is not attributable to the acts or negligence of the abutting property owner of his predecessor in title nor that of any one for whose acts or negligence they are chargeable; and (b) When the abutting property owner or his predecessor in title shall have paid within twenty years then last past, or shall pay, in full with interest all the assessment for the laying or relaying of the sidewalk in front of his property (at least to the extent that the installments of such assessment are then due). L.1941, c. 207, p. 605, s. 1, eff. June 14, 1941.

N.J. Stat. § 40:65-9.2 Resolution

The authority for such repair or reconstruction shall be granted by resolution concurred in by at least two-thirds of the entire membership of the governing body reciting that such repair or reconstruction of sidewalk is for the best interest of the residence of such municipality. L.1941, c. 207, p. 606, s. 2, eff. June 14, 1941.

N.J. Stat. § 40:65-9.3 Appropriations and procedure

Appropriations and procedure shall follow the lawful practice heretofore observed in case of cross walks and the like laid at public expense under section 40:65-10 of the Revised Statutes. L.1941, c. 207, p. 606, s. 3.

N.J. Stat. § 40:65-9.4 Repair or reconstruction of curbs at public expense

The governing body of any municipality of this State may provide for the repair or reconstruction of curbs on the streets or roads of such municipality at public expense under the conditions hereinafter stated; both which must exist; (a) When any curb, previously constructed or reconstructed as a local improvement under chapter sixty-five of Title 40 of the Revised Statutes or under article XXV of chapter one hundred fifty-two of the laws of one thousand nine hundred and seventeen or under chapter ninety-nine of the laws of one thousand nine hundred and nineteen, is dilapidated or in need of repair or reconstruction, where such condition is not attributable to the acts or negligence of the abutting property owner or his predecessor in title nor that of any one for whose acts or negligence they are chargeable; and (b) When the abutting property owner or his predecessor in title shall have paid within twenty years then last past, or shall pay, in full with interest all the assessment for the laying or relaying of the curb in front of his property (at least to the extent that the instalments of such assessment are then due). L.1941, c. 208, p. 606, s. 1, eff. June 14, 1941.

N.J. Stat. § 40:65-9.5 Resolution

The authority for such repair or reconstruction shall be granted by resolution concurred in by at least two-thirds of the entire membership of the governing body reciting that such repair or reconstruction of sidewalk is for the best interest of the residents of such municipality. L.1941, c. 208, p. 607, s. 2, eff. June 14, 1941.

N.J. Stat. § 40:65-9.6 Appropriations and procedure

Appropriations and procedure shall follow the lawful practice heretofore observed in case of crosswalks and the like laid at public expense under section 40:65-10 of the Revised Statutes. L.1941, c. 208, p. 607, s. 3.

N.J. Stat. § 40:65-10 Crosswalks

Any municipality may provide for laying of crosswalks and the grading, paving, repaving or improving of portions of sidewalks lying in the angles of intersection of streets, at the public cost.

N.J. Stat. § 40:65-11 Municipality may make annual contract for sidewalks

Any municipality may award a contract to the lowest responsible bidder for all sidewalk improvements the municipality may desire to make for a period of one year or less. Such contracts shall be awarded in the same manner as other municipal contracts.

N.J. Stat. § 40:65-12 Removal of grass, weeds, snow and ice; procedure upon failure

The governing body may make, amend, repeal and enforce ordinances to compel the owner or tenant of any lands abutting upon the public highways of the municipality, to remove all snow and ice from the abutting sidewalks and gutters of such highways within twelve hours of daylight after the same shall fall or be formed thereon, and all grass, weeds and impediments therefrom within three days after notice to remove the same, and remove all grass, weeds and impediments from the portion of any street, or highway abutting on such lands, and to provide for imposition of penalties for violation of any such ordinance, and to provide for the removal of such snow, ice, grass, weeds and impediments by the municipality where the owner or tenant of any such real estate shall fail to remove the same as provided in the ordinance. The cost of removal of any such snow, ice, grass, weeds or impediments from any sidewalk, gutter or public highway by the municipality shall be certified to the governing body of the municipality by the officer in charge thereof. The governing body shall examine such certificate, and if found to be correct, shall cause such cost to be charged against such real estate so abutting upon such sidewalk or gutter thereof, and the amount so charged shall thereupon become a lien and tax upon such real estate and be added to and be part of the taxes next to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.

N.J. Stat. § 40:65-12.1 Definitions relative to snow removal from fire hydrants.

1. a. As used in P.L.2015, c.71 (C.40:65-12.1 et seq.): "Director" means the Director of the Division of Fire Safety in the Department of Community Affairs. "Division" means the Division of Fire Safety in the Department of Community Affairs. "Hydrant locator pole" means a pole installed on, or adjacent to, as appropriate, a fire hydrant to enable the hydrant to be located when covered in snow. "Snow coverage" means the initial complete coverage of the fire hydrant as a result of natural precipitation or street clearing activities. b. On or before the first day of the twelfth month next following the operative date of P.L.2015, c.71 (C.40:65-12.1 et seq.), the governing body of every municipality may: (1) install, or cause to be installed, a hydrant locator pole on every working fire hydrant within municipal boundaries. The hydrant locator pole shall be maintained in compliance with rules and regulations adopted by the director; (2) adopt an ordinance or resolution, as applicable, requiring the owner of any real property abutting any fire hydrant to clear such fire hydrant of snow, within 24 hours of snow coverage, in compliance with rules and regulations adopted by the director; or (3) adopt an ordinance or resolution, as applicable, directing the municipality itself, or any department thereof, to clear all fire hydrants of snow, within 24 hours of snow coverage, in compliance with rules and regulations adopted by the director. c. If a party responsible for fire hydrant clearance under subsection b. of this section fails to perform the required clearance within the specified time, the municipality, or any department thereof, may perform the clearance and bill the responsible party no more than $75 for the service. L.2015, c.71, s.1.

N.J. Stat. § 40:65-12.2 Rules, regulations.

2. On or before the first day of the sixth month next following enactment of P.L.2015, c.71 (C.40:65-12.1 et seq.), the director, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt and promulgate such rules and regulations as may be necessary for the implementation of this act, including guidance for the acceptable physical characteristics of hydrant locator poles, maintenance requirements for such poles, and snow removal standards. L.2015, c.71, s.2.

N.J. Stat. § 40:65-12.3 Volunteer snow removal programs.

1. a. Each municipality may establish a volunteer program for free removal of snow and ice from the entrance ways, driveways, and abutting sidewalks of qualified residential properties within the municipality. b. The governing body of each municipality that establishes a volunteer program under subsection a. of this section shall appoint a coordinator to administer the volunteer program. The coordinator shall be responsible for recruiting and assigning volunteers to conduct snow and ice removal under the volunteer program. c. (1) The coordinator and volunteers of a volunteer program shall serve without compensation, but shall be entitled to request assistance and avail themselves of the personnel, facilities, and equipment of the municipality as may be required and as may be made available for the purposes of the volunteer program. The coordinator and volunteers shall not be considered employees or agents of the municipality, and shall not be entitled to worker's compensation or any other benefits in the event of injury as a result of participation in the volunteer program, and shall not be entitled to indemnification by the municipality. (2) The coordinator and volunteers of a volunteer program shall be immune from suit and liability for any claim for damage to or loss of property, personal injury, or other civil liability caused by any action or inaction that occurred during the course, or as a result of, snow and ice removal under the volunteer program; provided, however, that this paragraph shall not be construed to protect a coordinator or volunteer from suit and liability for damage to or loss of property, personal injury, or other civil liability caused by the intentional or willful and wanton misconduct of that person. (3) Notwithstanding the provisions of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., a municipality, or any employee or agent thereof, shall not be held liable in any civil action to any person for any claim for damage to or loss of property, personal injury, or other civil liability that may be caused or sustained by a coordinator or volunteer of a volunteer program during the course, or as a result of, snow and ice removal under the volunteer program. d. Each municipality that establishes a volunteer program under subsection a. of this section shall post on its Internet website, if any, and include in appropriate community notices, newsletters, or other communications made to municipal residents, if any, information about the volunteer program, including the possible availability of free snow and ice removal for seniors and disabled persons, the opportunity to serve as a volunteer, and appropriate contact information for the volunteer program. Such municipality shall also provide this information to the school board of each school district operating within the municipality for it to be shared with the student body of each such school district. e. As used in this section: "Disabled person" means a person having an impairment which is expected to be of long-continued and indefinite duration and substantially impedes the person's ability to live independently unless the person receives supportive services. "Driveway" means a private roadway providing access to a public street or highway, including any pathway necessary to access the driveway from a qualified residential property. "Dwelling unit" means a detached house, townhouse, apartment, cooperative, condominium, mobile home, or any other similar habitable structure. "Entrance way" means a private pathway providing access to the abutting sidewalks from a qualified residential property. "Private community" means a residential condominium, cooperative, fee simple community, horizontal property regime, or mobile home park comprised of a community trust or other trust device, condominium association, homeowners' association, or council of co-owners. "Qualified residential property" means a dwelling unit occupied by a senior or disabled person or persons living by themselves or with young children, except for a rental unit, the lease of which requires the landlord to provide snow and ice removal equivalent to that provided under a volunteer program, or a unit in a private community, the governing documents of which require the entity responsible for managing the common elements and facilities of the community to provide snow and ice removal equivalent to that provided under a volunteer program. "Senior" means any person 62 years of age or older. L.2017, c.212, s.1.

N.J. Stat. § 40:65-13 Sidewalks on land under control of county; cost; assessments and collection

The governing body may improve any street, parkway, or highway under control of any county board or commission, not wholly within the limits of a county park, with suitable curbing, gutters and sidewalks, after obtaining the approval of the county board or commission to the plans of the proposed improvement, and assess the cost thereof upon the real estate abutting upon the line of the improvement, to the extent of the benefits received, and any difference between the amount assessed and the total cost shall be paid by the municipality. The proceedings relating to the making of such improvement and the ascertainment and assessment of the cost, and the collection of the assessments made shall be the same as provided in this chapter for sidewalk improvements made upon streets not under the control of a county board or commission. All such assessments shall be a lien upon the real estate assessed until paid with interest thereon, as provided by law for assessments for local improvements.

N.J. Stat. § 40:65-14 Sidewalks in municipalities; ordinances for imposition on abutting landowners of expense of construction, repair, alteration or maintenance; procedure

Any municipality may prescribe by general ordinance in what case curbs and sidewalks shall be constructed, repaired, altered, relaid or maintained at the expense of the abutting landowners; wherever in any municipality it shall hereafter become the duty of any owner of abutting lands under said ordinance or ordinances of the municipality to construct, repair, alter or relay any curb or sidewalk, or section thereof, the authorities of such municipality having charge of street affairs may, by resolution, cause a notice in writing to be served upon the owners or occupant of said lands, requiring the necessary specified work to said curb or sidewalk to be done by the said owner or occupant within a period of not less than 30 days from the date of service of such notice; whenever any lands are unoccupied and the owner cannot be found within the municipality, the same may be mailed, postage prepaid, to his or her post-office address, if the same can be ascertained; in case such owner is a nonresident of the municipality or his or her post-office address cannot be ascertained, then the notice may be inserted for 4 weeks, once a week in some newspaper of such municipality or if none be published therein, then in some newspaper published in the State and circulating in said municipality; in case the owner or occupant of such lands shall not comply with the requirements of such notice, it shall be lawful for the street department of the municipality, upon filing due proof of the service or publication of the aforesaid notice in the appropriate department of the municipality, to cause the required work to be done, and paid for out of the municipal funds available for that purpose; the cost of such work shall be certified by the department or person having charge thereof to the department or person having charge of the collection of assessments in such municipality; upon filing the said certificate, the amount of the cost of such work shall be and become a lien upon the said abutting lands in front of which such work was done to the same extent that assessments for local improvements are liens in such municipality under its charter or the general law, and shall be collected in the manner provided by law for the collection of such other assessments, and shall bear interest at the same rate; in addition thereto the municipality may have an action to recover the said amount against the owner of said lands, in any court having competent jurisdiction thereof; a certified copy of the aforesaid certificate shall in such action be prima facie evidence of the existence of a debt due from the said owner to the municipality. L.1970, c. 297, s. 1, eff. Dec. 14, 1970.

N.J. Stat. § 40:65-15 Reimbursement of account used to pay costs connected with sidewalk improvement

All moneys recovered or paid to the municipality under the provisions of section 1 of this act shall be credited to the account out of which the cost of such work was paid. L.1970, c. 297, s. 2, eff. Dec. 14, 1970.

N.J. Stat. § 40:65-16 Application of act

The powers conferred by this act shall be deemed to be in addition to and independent of any and all powers and authority conferred by any other law or laws and not subject to any limitation contained in any such law or laws. L.1970, c. 297, s. 3, eff. Dec. 14, 1970.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026