Title 40A, Title 40A: MUNICIPALITIES AND COUNTIES

40A:4-20. Emergency temporary appropriations In addition to temporary appropriations necessary for the period prior to the adoption of the budget and regular appropriations, the governing body may, by resolution adopted by a 2/3 vote of the full membership thereof, make emergency…

40A:4-21. Separate sections required The budget shall provide separate sections for: a. Operation of local unit (current fund). b. Operation of any municipal public utility. c. Dedicated assessment budget. d. Dedicated by rider. L.1960, c. 169, s. 1, eff. Jan. 1, 1962.

40A:4-22. Form and content of current budget Every budget shall be prefaced by an explanatory statement of its contents and shall be itemized according to the respective objects and purposes for which appropriations are made. Itemization shall be in the form, classification and d…

40A:4-22.1. "State-funded social service programs"; county trust fund; disbursement; annual budget message 1. a. A county may establish a trust fund account entitled "State-funded social service programs" from which expenditures of county and State funds shall be disbursed for th…

40A:4-22.2 "Attorney Identification Card Program." 1. A county may establish a trust fund account entitled, "Attorney Identification Card Program" trust fund into which shall be deposited all fees paid by attorneys for the purchase of identification cards and from which expenditu…

40A:4-23. Arrangement of revenues; current fund The anticipated revenues shall be classified as "surplus anticipated" , "miscellaneous revenues" , "receipts from delinquent taxes" , and "amount to be raised by taxes to support municipal budget appropriations" . In parallel column…

40A:4-24. Surplus "Surplus" in the current section of accounts shall consist of the excess of quick assets such as cash, investments, State or other public aid receivable, and deferred charges over legal and demand liabilities. Unless the director shall give his prior written con…

40A:4-25. Miscellaneous revenues "Miscellaneous revenues" shall include such amounts as may reasonably be expected to be realized in cash during the fiscal year from known and regular sources, or from sources reasonably capable of anticipation, and lawfully applicable to the appr…

40A:4-25.1 Use of library monies transferred to municipality. 2. Monies approved by the State Librarian for transfer to a municipality by the board of trustees of its municipal free library, pursuant to subsection c. of R.S.40:54-15, may be anticipated by the municipality as a mi…

40A:4-26 Miscellaneous, anticipated revenues. a. No miscellaneous revenues from any source shall be included as an anticipated revenue in the budget in an amount in excess of the amount actually realized in cash from the same source during the next preceding fiscal year, unless t…

40A:4-27 Miscellaneous revenues; sale of property. 40A:4-27. A local unit may anticipate as a miscellaneous revenue the total amount of all payments due and payable to the local unit during the fiscal year, directly or indirectly as a result of the sale of property by the local u…

40A:4-27.1. Anticipation in budget Any monies due a municipality pursuant to the provisions of section 19 of P.L. 1975, c. 326 (C. 13:1E-28) may be anticipated by the municipality for the purposes of preparing its annual budget. L. 1985, c. 38, s. 39; amended by L. 1987, c. 74, s…

40A:4-27.2. Municipal "cap" exemption Any monies due a municipality pursuant to the provisions of section 40 of P.L. 1985, c. 38 (C. 48:13A-5.1) may be anticipated by the municipality for the purposes of preparing its annual budget. L. 1985, c. 38, s. 41; amended by L. 1987, c. 7…

40A:4-27.3. Distribution of certain municipal revenues to real property taxpayers; definitions 1. a. The governing body of a municipality, by resolution, may determine to distribute receipts from a miscellaneous revenue to the real property taxpayers of the municipality during th…

40A:4-28. Miscellaneous revenues; sinking fund surplus Whenever the sinking funds to the credit of the several issues of term bonds of a local unit equal the principal of such issues and there is a cash surplus in the sinking fund, such surplus may, upon written application by th…

40A:4-29. Receipts from delinquent taxes Delinquent taxes shall consist of taxes levied for prior fiscal years unpaid and owing to the local unit, and in the case of a municipality, also the lien value of tax titles to real estate standing in the name of the municipality. The max…

40A:4-3. Annual budget The governing body of each local unit shall adopt a budget for each fiscal year. The budget of each local unit shall be prepared on a cash basis unless otherwise permitted by law. L.1960, c. 169, s. 1, eff. Jan. 1, 1962.

40A:4-3.1 Municipalities, operation under State, calendar fiscal year. 2. a. Except as provided in subsection b. or c. of this section, any municipality operating under the State fiscal year as of January 1, 1997 shall continue to operate under the State fiscal year; and any muni…

40A:4-3.2 Adoption of State, calendar fiscal year by ordinance. 3. a. Any municipality for which the fiscal year is not changed pursuant to section 2 of P.L.1991, c.75 (C.40A:4-3.1) may, by ordinance, adopt a State fiscal year. The ordinance shall be introduced prior to or concur…

40A:4-3.3. Assistance provided to municipalities in which fiscal year has been changed The director and the Local Finance Board shall provide such assistance to municipalities in which the fiscal year has been changed to the State fiscal year as may be necessary to assure a smoot…

40A:4-3.4. Report to Legislature on which municipalities have adopted State fiscal year 1. On or before October 15, 1992 and for five years annually thereafter, the Director of the Division of Local Government Services in the Department of Community Affairs shall issue a prelimin…

40A:4-3.5 Actions by director. 3. The Director of the Division of Local Government Services in the Department of Community Affairs shall take such action as the director deems necessary and consistent with the intent of P.L.2008, c.92 (C.40A:4-3.5 et al.) to implement its provisi…

40A:4-30. Amount to be raised by taxes to support municipal budget The amount to be raised by taxes shall be the amount required to be levied by taxation for the support of the municipal budget. It is the difference between the total of all general municipal budget appropriations…

40A:4-31. Arrangement of appropriations The several items of appropriations shall have set forth in parallel columns to the right thereof the following: a. Amount of appropriations for current year. b. Amount of appropriations for preceding year. c. Amount of appropriations by em…

40A:4-32. Separate items of appropriations Separate items shall be included for at least: a. Administration, operation and maintenance of each office, department, institution or other agency of the local unit. b. Contingent expenses in an amount not more than 3% of the total amou…

40A:4-33. Operation of utility or enterprise The anticipated revenues from the operation of any utility or enterprise owned or operated by a local unit and the appropriations to be made therefor shall be set forth in a separate section of the budget. Dedicated revenues, derived f…

40A:4-34. Appropriations for utility or enterprise Appropriations for any utility or enterprise owned or operated by the local unit shall be in the form and detail prescribed by the regulations of the local governing board and shall include, at least a. Operations. b. Interest an…

40A:4-35. Utility operations; surplus; deficit If, in any year as a result of the operation of such utility or enterprise under the system of accounting thus directed, there shall be a surplus, or such surplus can be reasonably anticipated, then such surplus, when authorized by t…

40A:4-35.1 Transfer of surplus revenue. 5. To the extent there is available surplus revenue collected by a municipality pursuant to chapter 62 of Title 40 of the Revised Statutes for supplying a utility service which is regulated by the Board of Public Utilities pursuant to subse…

40A:4-35.2 Periodic study of adequacy, reasonableness of certain charges for water system. 6. a. A local unit shall be required to conduct a periodic study of the adequacy and reasonableness of the rates, fees, rents, and charges for a water system that the local unit owns or ope…

40A:4-36. Dedicated revenues; general definition "Dedicated revenues" shall include all amounts reasonably expected to be realized in cash during the fiscal year from any source other than the issuance of bonds or notes and required by law to be applied to a specific purpose. Ded…

40A:4-37. Dedicated assessment budget Every dedicated assessment budget shall include revenues derived from the collection of special assessments on property specially benefited. No amount shall be stated in the budget in excess of the required appropriation to which such revenue…

40A:4-38. Appropriation in dedicated assessment budget Every dedicated assessment budget shall contain an appropriation for the payment of principal of bond anticipation notes or bonds maturing during the fiscal year. L.1960, c. 169, s. 1, eff. Jan. 1, 1962.

40A:4-39 Anticipation of dedicated revenues. 40A:4-39. a. In the budget of any local unit, dedicated revenues anticipated during the fiscal year from any dog tax, dog license, revenues collected pursuant to N.J.S.18A:39-1.2, solid fuel license, sinking fund for term bonds, beques…

40A:4-4. Procedures for adoption of budget All budgets shall be introduced, approved, amended and adopted by resolution passed by not less than a majority of the full membership of the governing body. The procedure shall be as follows: a. Introduction and approval. b. Public adve…

40A:4-40. Reserve for uncollected taxes; appropriation There shall be included in each budget an appropriation for "reserve for uncollected taxes" sufficient in amount so that the anticipated cash receipts for the fiscal year shall at least equal the sum of the following items, e…

40A:4-40.1. Reduction of reserve for uncollected taxes by sale of total property tax levy 12. a. A municipality may reduce its reserve for uncollected taxes by deducting any or all payments anticipated during the fiscal year from the sale of the total property tax levy pursuant t…

40A:4-40.2 Reduction of reserve for uncollected taxes by deduction of receipts for sale of unpaid taxes, liens 13. A municipality may reduce its reserve for uncollected taxes by deducting any or all receipts anticipated during the fiscal year from the sale of unpaid taxes or muni…

40A:4-40.3. Fiscal analysis prior to sale of total property tax levy 14. Prior to the award of a contract for the sale of the total property tax levy pursuant to section 16 of P.L.1997, c.99 (C.54:5-113.5), or when a municipality chooses to reduce its reserve for uncollected taxe…

40A:4-41 Computation of reserve for uncollected taxes. 40A:4-41. a. For the purpose of determining the amount of the appropriation for "reserve for uncollected taxes" required to be included in each annual budget where less than 100% of current tax collections may be and are anti…

40A:4-42. Required appropriation for cash deficit An appropriation for "cash deficit of preceding year" shall appear in each annual budget in the amount by which the liabilities and cash disbursements of the local unit for expenditures in the fiscal year next preceding exceed the…

40A:4-43 Capital budgets; definition. 40A:4-43. The governing body may and shall, when directed by the local government board, prepare, approve and adopt a budget for the expenditure of public funds for capital purposes to give effect to general improvement programs. A capital bu…

40A:4-44 Form, arrangement and detail of capital budgets. 40A:4-44. The local government board shall adopt, and may from time to time amend, reasonable rules and regulations for capital budgets. Regulations may classify the type of budget required, according to the size of the lo…

40A:4-45. Separate capital budgets The board may require separate capital budgets to give effect to a general improvement program as follows: a. A special capital budget for the expenditure of funds realized from the sale of obligations and adopted at the time such sale is author…

40A:4-45.1. Legislative policy It is hereby declared to be the policy of the Legislature that the spiraling cost of local government must be controlled to protect the homeowners of the State and enable them to maintain their homesteads. At the same time the Legislature recognizes…

40A:4-45.12. Annual variable percentage limitation on increases in expenditures The Legislature finds that the constraints placed upon local government by P.L.1976, c. 68 (C. 40A:4-45.1 et seq.) are successfully accomplishing their purpose of controlling the growth in the cost of…