40:56-52 - Power to assess
40:56-52.Ā Power to assess
When a main sewer or drain, or a sewage disposal plant, or an outlet or connecting sewer, either within or without the municipality, or any improvementĀ or addition to a sewerage system has been or shall hereafter be constructed inĀ a municipality, and the benefits thereof shall be extended to real estate inĀ the municipality by the subsequent construction of any lateral sewer or sewers,Ā drain or drains, and the municipality has paid or is obligated to pay for suchĀ main sewer or drain, or sewage disposal plant, or outlet or connecting sewer,Ā or any improvement or addition to the sewerage system or any part of the costĀ thereof, out of general funds, either because such work has been done at theĀ general expense, or because the assessments therefor did not equal the totalĀ cost thereof, such real estate to which the benefits thereof shall have beenĀ extended, may be assessed therefor to an amount not exceeding the amount of theĀ benefits actually received by such real estate notwithstanding that theĀ municipality shall have paid such indebtedness or part thereof either in wholeĀ or in part.Ā Such assessment may be made in connection with and as a part ofĀ the assessment for such lateral sewer or drain, or as an independent assessment, and shall be made and collected in accordance with the provisionsĀ of this chapter.Ā Such assessment with interest thereon as collected from timeĀ to time shall be placed in the surplus revenue account of the municipality andĀ controlled by the provisions of chapter 2 of this title (s. 40:2-1 et seq.).
When a main sewer or drain, or a sewage disposal plant, or an outlet or connecting sewer, either within or without the municipality, or any improvementĀ or addition to a sewerage system has been or shall hereafter be constructed inĀ a municipality, and the benefits thereof shall be extended to real estate inĀ the municipality by the subsequent construction of any lateral sewer or sewers,Ā drain or drains, and the municipality has paid or is obligated to pay for suchĀ main sewer or drain, or sewage disposal plant, or outlet or connecting sewer,Ā or any improvement or addition to the sewerage system or any part of the costĀ thereof, out of general funds, either because such work has been done at theĀ general expense, or because the assessments therefor did not equal the totalĀ cost thereof, such real estate to which the benefits thereof shall have beenĀ extended, may be assessed therefor to an amount not exceeding the amount of theĀ benefits actually received by such real estate notwithstanding that theĀ municipality shall have paid such indebtedness or part thereof either in wholeĀ or in part.Ā Such assessment may be made in connection with and as a part ofĀ the assessment for such lateral sewer or drain, or as an independent assessment, and shall be made and collected in accordance with the provisionsĀ of this chapter.Ā Such assessment with interest thereon as collected from timeĀ to time shall be placed in the surplus revenue account of the municipality andĀ controlled by the provisions of chapter 2 of this title (s. 40:2-1 et seq.).