Current through Register Vol. 56, No. 24, December 18, 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
N.J.S.A. 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
N.J.S.A. 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
N.J.S.A. 40:55D-29, except that it is mandatory per
N.J.S.A. 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.
