N.J. Admin. Code § 5:30-4.4

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:30-4.4 - Method of adoption

(a) Any capital budget or capital improvement program that is to be adopted shall:

1. Be assembled and prepared by the officer(s) responsible for preparing the annual budget, provided that the provisions of 40:55D-29, permitting the governing body to authorize the planning board to prepare a suggested capital improvement program, are considered.

2. Be adopted by the affirmative vote of a majority of the full authorized membership of the governing body.

3. Be referred to the planning board, if it affects the adopted master plan, at least 45 days prior to adoption. (See 40:55D-31 for full provisions.) Observance of this requirement would suggest notification to the planning board by January 10 for counties and February 3 for municipalities.

4. Be treated as part of the Official Budget and shall be published as part of it.

5. When an initial adoption or amendment is needed outside of the normal budget adoption procedure, the following should be observed:

i. Planning board review: As described above, this is optional at governing body discretion per 40:55D-29, except that it is mandatory per 40:55D-31 if the project affects the master plan (consult local attorney for guidance);

ii. Use of the Standard forms described below;

iii. Adoption by resolution;

iv. Same majority vote;

v. Publication in local newspaper;

vi. Filing with the Director for review and certification.

(b) An amendment to the Capital Budget must be approved by resolution of the governing body for the following:

1. To change priority of a specific project and use such funds for an unrelated project.

2. To fund new projects not previously considered.

3. A copy of the ordinance authorizing the project must contain the following statement:

"The capital budget is hereby amended to conform with the provisions of this ordinance to the extent of an inconsistency therewith and the resolutions promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director, Division of Local Government Services as on file with the (municipal clerk) (Clerk to the Board of Chosen Freeholders) and is available for public inspection."

4. A certified copy of the resolution shall be submitted in duplicate to the Director, Division of Local Government Services.

N.J. Admin. Code § 5:30-4.4

As amended, R.1981 d.3, eff. 1/6/1981.
See: 12 New Jersey Register 568(b), 13 New Jersey Register 73(b).
(b) added.
Amended by R.2003 d.404, effective 10/20/2003.
See: 35 New Jersey Register 2427(a), 35 New Jersey Register 4862(b).
Rewrote (b).