Chapter 1 Forms of Municipal Government
Chapter 1 Forms of Municipal Government 1-1 AUTHORITY OF MUNICIPAL GOVERNMENT In the State of New Jersey, the authority of municipal government flows from the state. Any exercise of municipal power must be authorized by state law, primarily statute.1 Certain powers are granted by the state to all municipalities, and such authorizations may be termed “general law” because they apply generally to every municipality in New Jersey. Other powers, however, are extended only to certain forms of government. Accordingly, a municipality’s powers are determined in large part by its form of government. Ten forms of municipal government are currently authorized by statute, six of which pre-date the 1947 New Jersey State Constitution. The six pre-1947 forms of government are City, Town, Borough, Township, Village, and Commission.2 Four forms of government are authorized by the 1950 Optional Municipal Charter Law, namely the Mayor-Council Plan, the Council- Manager Plan, the Small Municipality Plan, and the Mayor- Council-Administrator Plan.3 Additionally, certain municipalities operate outside any of the statutory forms under special charters granted by the state.4 1. Dome Realty, Inc. v. City of Paterson, 83 N.J. 212, 225 (1980); Eastern Planned Cmty. at Lincroft, Inc. v. Middletown Twp., 235 N.J. Super. 467, 470 (Law Div. 1989). 2. See § 1-3 through § 1-8. 3. N.J.S.A. 40:69A-1 et seq.; see § 1-9. 4. See § 1-9:2. NEW JERSEY LOCAL GOVERNMENT DESKBOOK 2020 1 NJLJLocGov01Hed.indd 1 9/13/2019 4:49:33 PM Chapter 1 Forms of Municipal Government 1-2 CITY
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