New Jersey § 40a:4-45

§ 40a:4-45.

In the preparation of its budget a municipality shall limit any increase in said budget

to 2.5% or the cost-of-living adjustment, whichever is less, over the previous year's

final appropriations subject to the following exceptions: a. (Deleted by amendment, P.L.1990, c. 89 .) b. Capital expenditures, including appropriations for current capital expenditures,

whether in the capital improvement fund or as a component of a line item elsewhere

in the budget, provided that any such current capital expenditure would be otherwise

bondable under the requirements of N.J.S.40A:2-21 and 40A:2-22 ; c. (1) An increase based upon emergency temporary appropriations made pursuant to N.J.S.40A:4-20 to meet an urgent situation or event which immediately endangers the health, safety

or property of the residents of the municipality, and over which the governing body

had no control and for which it could not plan and emergency appropriations made pursuant

to N.J.S.40A:4-46 . Emergency temporary appropriations and emergency appropriations shall be approved

by at least two-thirds of the governing body and by the Director of the Division of

Local Government Services, and shall not exceed in the aggregate 3% of the previous

year's final current operating appropriations. (2) (Deleted by amendment, P.L.1990, c. 89 .) The approval procedure in this subsection shall not apply to appropriations adopted

for a purpose referred to in subsection d. or j. below; d. All debt service, including that of a Type I school district; e. Upon the approval of the Local Finance Board in the Division of Local Government

Services, amounts required for funding a preceding year's deficit; f. Amounts reserved for uncollected taxes; g. (Deleted by amendment, P.L.1990, c. 89 .) h. Expenditure of amounts derived from new or increased construction, housing, health

or fire safety inspection or other service fees imposed by State law, rule or regulation

or by local ordinance; i. Any amount approved by any referendum; j. Amounts required to be paid pursuant to (1) any contract with respect to use, service

or provision of any project, facility or public improvement for water, sewerage, parking,

senior citizen housing or any similar purpose, or payments on account of debt service

therefor, between a municipality and any other municipality, county, school or other

district, agency, authority, commission, instrumentality, public corporation, body

corporate and politic or political subdivision of this State; (2) the provisions

of article 9 of P.L.1968, c. 404 ( C.13:17-60 through 13:17-76 ) by a constituent municipality to the intermunicipal account; (3) any lease of a

facility owned by a county improvement authority when the lease payment represents

the proportionate amount necessary to amortize the debt incurred by the authority

in providing the facility which is leased, in whole or in part; and (4) any repayments

under a loan agreement entered into in accordance with the provisions of section 5

of P.L.1992, c. 89 ; 1 k. (Deleted by amendment, P.L.1987, c. 74.) l . Appropriations of federal, county, independent authority or State funds, or by grants

from private parties or nonprofit organizations for a specific purpose, and amounts

received or to be received from such sources in reimbursement for local expenditures. If a municipality provides matching funds in order to receive the federal, county,

independent authority or State funds, or the grants from private parties or nonprofit

organizations for a specific purpose, the amount of the match which is required by

law or agreement to be provided by the municipality shall be excepted; m. (Deleted by amendment, P.L.1987, c. 74.) n. (Deleted by amendment, P.L.1987, c. 74.) o . (Deleted by amendment, P.L.1990, c. 89 .) p. (Deleted by amendment, P.L.1987, c. 74.) q. (Deleted by amendment, P.L.1990, c. 89 .) r. Amounts expended to fund a free public library established pursuant to the provisions

of R.S.40:54-1 through 40:54-29 , inclusive; s. (Deleted by amendment, P.L.1990, c. 89 .) t. Amounts expended in preparing and implementing a housing element and fair share

plan pursuant to the provisions of P.L.1985, c. 222 ( C.52:27D-301 et al.) and any amounts received by a municipality under a regional contribution

agreement pursuant to section 12 of that act; 2 u. (Deleted by amendment, P.L.2004, c. 74 .) v. (Deleted by amendment, P.L.1990, c. 89 .) w. (Deleted by amendment, P.L.2004, c. 74 .) x. Amounts expended to aid privately owned libraries and reading rooms, pursuant to R.S.40:54-35 ; y. (Deleted by amendment, P.L.1990, c. 89 .) z. (Deleted by amendment, P.L.1990, c. 89 .) aa. Extraordinary expenses, approved by the Local Finance Board, required for the

implementation of an interlocal services agreement; bb. Any expenditure mandated as a result of a natural disaster, civil disturbance

or other emergency that is specifically authorized pursuant to a declaration of an

emergency by the President of the United States or by the Governor; cc. Expenditures for the cost of services mandated by any order of court, by any federal

or State statute, or by administrative rule, directive, order, or other legally binding

device issued by a State agency which has identified such cost as mandated expenditures

on certification to the Local Finance Board by the State agency; dd. Expenditures of amounts actually realized in the local budget year from the sale

of municipal assets in extraordinary cases and with the permission of the Local Finance

Board; ee. Any local unit which is determined to be experiencing fiscal distress pursuant

to the provisions of P.L.1987, c. 75 ( C.52:27D-118.24 et seq. ), whether or not a local unit is an “eligible municipality” as defined in section

3 of P.L.1987, c. 75 ( C.52:27D-118.26 ), and which has available surplus pursuant to the spending limitations imposed by

P.L.1976, c. 68 ( C.40A:4-45.1 et seq. ), may appropriate and expend an amount of that surplus approved by the director and

the Local Finance Board as an exception to the spending limitation. Any determination approving the appropriation and expenditure of surplus as an exception

to the spending limitations shall be based upon: 1) the local unit's revenue needs for the current local budget year and its revenue

raising capacity; 2) the intended actions of the governing body of the local unit to meet the local

unit's revenue needs; 3) the intended actions of the governing body of the local unit to expand its revenue

generating capacity for subsequent local budget years; 4) the local unit's ability to demonstrate the source and existence of sufficient

surplus as would be prudent to appropriate as an exception to the spending limitations

to meet the operating expenses for the local unit's current budget year; and 5) the impact of utilization of surplus upon succeeding budgets of the local unit; ff. Newly authorized operating appropriations for the municipal court or violation's

bureau when approved by the vicinage Presiding Judge of the Municipal Court after

consultation with the mayor and governing body of the municipality; gg. (Deleted by amendment, P.L.2004, c. 74 .) hh. (Deleted by amendment, P.L.2004, c. 74 .) ii. Subject to the approval of the Local Finance Board, expenditures related to the

cost of conducting and implementing a total property tax levy sale pursuant to section

16 of P.L.1997, c. 99 ( C.54:5-113.5 ); jj. Amounts expended for a length of service award program pursuant to P.L.1997, c. 388 ( C.40A:14-183 et al.); kk. Amounts expended to provide municipal services or reimbursement amounts to multifamily

dwellings for the collection and disposal of solid waste generated by the residents

of the multifamily dwellings. This subsection shall cease to be operative at the end of the first local budget

year in which the municipality has fully phased in its reimbursement amount expenses; ll . Amounts expended by a municipality under an interlocal services agreement entered

into pursuant to the “Interlocal Services Act,” P.L.1973, c. 208 ( C.40:8A-1 et seq. al. ) entered into after the effective date of P.L.2000, c. 126 ( C.52:13H-21 et al.). The governing body of the municipality that will receive the service may choose

to allow the amount of projected annual savings to be added to the amount of final

appropriations upon which its permissible expenditures are calculated pursuant to

section 2 of P.L.1976, c. 68 ( C.40A:4-45.2 ); mm. Amounts expended under a joint contract pursuant to the “Consolidated Municipal

Service Act,” P.L.1952, c. 72 ( C.40:48B-1 et seq. ) entered into after the effective date of P.L.2000, c. 126 ( C.52:13H-21 et al. ). The governing body of each participating municipality may choose to allow the amount

of projected annual savings to be added to the amount of final appropriations upon

which its permissible expenditures are calculated pursuant to section 2 of P.L.1976,

c. 68 ( C.40A:4-45.2 ); nn. (Deleted by amendment, P.L.2004, c. 74 .) oo . Amounts appropriated in the first three years after the effective date of P.L.2003, c. 92 ( C.18A:7F-5b et al.) for liability insurance, workers' compensation insurance and employee group

insurance; pp. Amounts appropriated in the first three years after the effective date of P.L.2003, c. 92 ( C.18A:7F-5b et al.) for costs of domestic security preparedness and responses to incidents and

threats to domestic security ; qq. Amounts required to be paid by a municipality pursuant to the provisions of section

4 of P.L.2007, c. 311 ( C.13:1E-96.5 ). In the first full year when an existing appropriation or expenditure that is subject

to budget limitations is made an exception to budget limitations, a municipality shall

deduct from its final appropriations upon which its permissible expenditures are calculated

pursuant to section 2 of P.L.1976, c. 68 ( C.40A:4-45.2 ), the amount which the municipality expended for that purpose during the last full

budget year, or portion thereof, in which the purpose so excepted was funded from

appropriations in the municipal budget. In the first full year when an existing appropriation or expenditure that is not subject

to budget limitations is made subject to budget limitations, a municipality shall

add to its final appropriations upon which its permissible expenditures are calculated

pursuant to section 2 of P.L.1976, c. 68 ( C.40A:4-45.2 ), the amount which the municipality expended for that purpose during the last full

budget year, or portion thereof, in which the purpose so excepted was funded from

appropriations in the municipal budget. 1

N.J.S.A. § 40:48-2.5b. 2

N.J.S.A. § 52:27D-312.