Special charter (New Jersey)
A "special charter" in the context of New Jersey municipal government refers to a form of municipal organization granted by the state legislature prior to the adoption of general municipal law in 1950. These charters were individually crafted for specific municipalities, often incorporating unique powers and governance structures not found in the standardized forms of municipal government that exist today.
Unlike municipalities governed under one of the standard forms of government (such as borough, township, city, or town), those with special charters operate under the specific provisions outlined in their individual charter documents. This can lead to significant variations in areas such as the composition of the governing body, the process for electing officials, and the scope of municipal powers.
The existence of special charters creates a degree of legal complexity within New Jersey municipal law. While subsequent legislation has addressed some aspects of governance for these municipalities, the original charters remain the fundamental legal basis for their operation. These municipalities generally retain the powers granted to them under their special charters, even if those powers differ from those granted to municipalities operating under general law.
Efforts have been made over time to encourage municipalities operating under special charters to transition to a standard form of government, offering greater uniformity and potentially simplifying municipal administration. However, the unique characteristics and historical significance associated with these charters often lead to resistance from municipalities seeking to preserve their distinct governance structures.
Therefore, understanding the specific provisions of a municipality's special charter is crucial for interpreting its legal authority and governmental organization. Information on these charters is usually found in the New Jersey state archives and the municipality's own historical records.