N.J. Stat. tit. 40A, ch. 1

in effect

N.J. Stat. § 40A:1-1 Definitions.

40A:1-1. The following words, as used in this title, shall have the following meanings unless the context clearly indicates a different meaning: "budget" means the budget of a local unit; "cash basis budget" means a budget prepared in accordance with the "Local Budget Law"; "clerk" means the clerk of a municipality or of a board of chosen freeholders; "director" means the Director of the Division of Local Government Services in the Department of Community Affairs; "fiscal year" means the period for which a local unit adopts a budget, as required pursuant to the "Local Budget Law," N.J.S.40A:4-1 et seq., and shall be the calendar year beginning on January 1 and ending on December 31, unless the local unit is a municipality in which the fiscal year has been changed to the State fiscal year, pursuant to section 2 or 3 of P.L.1991, c.75 (C.40A:4-3.1 or C.40A:4-3.2), in which case, "fiscal year" shall mean the State fiscal year or the transition year, as appropriate; "full membership of a governing body" means the number of members of the body when all the seats are filled; "local finance board" means the Local Finance Board in the Division of Local Government Services in the Department of Community Affairs; "local unit" means a county or municipality; "municipal public utility" means any water, sewer, electric power or gas system, or any combination thereof, or any public parking system, redevelopment, or any other utility, enterprise or purpose authorized to be undertaken by a local unit from which it may receive fees, rents, or other charges, and with respect to redevelopment utilities, incremental revenues authorized pursuant to section 11 of P.L.2009, c.90 (C.52:27D-489k); "State fiscal year" means the period commencing on July 1 and ending on June 30 in any municipality in which the fiscal year has been changed pursuant to section 2 or 3 of P.L.1991, c.75 (C.40A:4-3.1 or C.40A:4-3.2); "transition year" means the period beginning on January 1 and ending on June 30 in the calendar year during which the change in a municipality's fiscal year takes effect, as authorized under the provisions of section 2 or 3 of P.L.1991, c.75 (C.40A:4-3.1 or C.40A:4-3.2). Amended 1991, c.75, s.1; 2009, c.90, s.15.

N.J. Stat. § 40A:1-2 Citation of revision

This revision shall be deemed to be a part of the general and permanent statutes of this State. In any citation, the abbreviation "N.J.S." , meaning New Jersey Statutes, shall be equivalent to a reference to the said revision; and sections of such revision and of any subsequent revision may be cited by section number only, preceded by such abbreviation. L.1960, c. 169, s. 1, eff. Jan. 1, 1962.

N.J. Stat. § 40A:1-3 Effective repealers

The repeal herein of any sections of Title 40 of the Revised Statutes or any other law shall not affect any right now vested in any person pursuant to the provisions of said title, nor any remedy where an action or proceeding thereunder has heretofore been instituted and is pending on the effective date of said repeal. L.1960, c. 169, s. 1, eff. Jan. 1, 1962.

N.J. Stat. § 40A:1-4 Revision of common law

The said repeal of said sections of Title 40 of the Revised Statutes, as amended and supplemented, shall not of itself be deemed to revive any common law, right or remedy abolished by any provision of the said Title. L.1960, c. 169, s. 1, eff. Jan. 1, 1962.

N.J. Stat. § 40A:1-5 Construction with prior law

The provisions of Title 40A not inconsistent with those of prior laws shall be construed as a continuation of such laws. L.1960, c. 169, s. 1, eff. Jan. 1, 1962.

N.J. Stat. § 40A:1-6 Classification and arrangement

The classification and arrangement of the several sections of the chapters of Title 40A have been made for the purpose of convenient reference and orderly arrangement and, therefore, no implication or presumption of a legislative construction is to be drawn therefrom. L.1960, c. 169, s. 1, eff. Jan. 1, 1962.

N.J. Stat. § 40A:1-7 Construction of outline and analysis

In the construction of Title 40A, or any part thereof, no outline or analysis of the contents of said Title or any part thereof, no reference or cross-reference note and no head note or source note to any section of said chapters of Title 40A shall be deemed to be a part of the said chapter. L.1960, c. 169, s. 1, eff. Jan. 1, 1962.

N.J. Stat. § 40A:1-8 Invalidity of sections

If any chapters of Title 40A, or any section or provision thereof, shall be declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such chapter, section or provision shall, to the extent that it is not held to be unconstitutional, invalid or inoperative, be enforced and effectuated, and no such determination shall be deemed to invalidate or make ineffectual the remaining provisions of the said chapter or section of said Title. L.1960, c. 169, s. 1, eff. Jan. 1, 1962.

N.J. Stat. § 40A:1-9 Applicability of R.S. 1:1 et seq.

The provisions of R.S. 1:1-8 and sections R.S. 1:1-11 to R.S. 1:1-21, both inclusive, shall be applicable to the enactment and operation of the chapters of Title 40A. L.1960, c. 169, s. 1, eff. Jan. 1, 1962.

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