Current through Register Vol. 56, No. 18, September 16, 2024
(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.
