40:62-101 - Water district assessments; exemption - New Jersey Statutes

40:62-101.   Water district assessments; exemption
    a.   Except as provided in subsection b. of this section, the cost of the creation and establishment of such water district or districts and the installation and construction of such water systems shall be assessed against the real estate benefited thereby in proportion to and not in excess of the benefits conferred, and such assessments shall bear interest and penalties from the same time and at the same rate as assessments for local improvements in the district or districts where they are imposed, and from the date of confirmation shall be a first and paramount lien upon the real estate assessed to the same extent, and be enforced and collected in the same manner, as assessments for local improvements.

   No assessments shall be invalid by reason of failure to receive notice or any other infirmity.

   b.   Real estate in the water district shall be exempt from the assessment authorized by subsection a. of this section if:

   (1)  The water supplied by the water district is not reasonably available to the owner of the property; and

   (2)  Prior to each assessment, the governing body of the municipality where the water district is located determines that the exemption would not adversely affect the ability of the municipality to meet the principal reduction and interest payments on outstanding bonds issued by the municipality for the creation and establishment of the water district and installation and construction of the water system.

   Amended by L. 1985, c. 191, s. 1, eff. June 20, 1985.