reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28A - LEAD-BASED PAINT INSPECTIONS IN RENTAL DWELLINGS › Subchapter 1 - GENERAL PROVISIONS › Section 5:28A-1.1 - Title

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter is promulgated pursuant to the authority at
				  N.J.S.A.
				  52:27D-437.20a and
				  52:27D-437.17b and may be cited as
				  "regulations for lead-based paint inspections in rental
				  dwellings."
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28A - LEAD-BASED PAINT INSPECTIONS IN RENTAL DWELLINGS › Subchapter 1 - GENERAL PROVISIONS › Section 5:28A-1.3 - Applicability and exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				applies to all rental single-family, two-family, and multiple dwelling units with
				the exception of those exempt pursuant to (b) below.
(b) The following rental dwelling units shall be
				exempt from the requirements of this chapter and, thus, shall not be subject to
				periodic lead-based paint inspection and evaluation for the presence of lead-based
				paint hazards:
1. Dwelling units that were
				constructed during, or after, 1978;
2.
				Single-family and two-family seasonal rental dwelling units that are rented for less
				than six months duration each year by tenants that do not have consecutive lease
				renewals;
3. Dwelling units that have
				been certified to be free of lead-based paint, pursuant to N.J.A.C. 5:17;
4. Multiple rental dwelling units constructed
				prior to 1978 that have been registered with the Department for at least 10 years
				and have no outstanding paint violations from the most recent cyclical inspection
				performed on the multiple dwelling pursuant to the Hotel and Multiple Dwelling Law,
				N.J.S.A.
				55:13A-1 et seq., and N.J.A.C. 5:10.
i. All multiple dwelling units constructed prior
				to 1978 that have been registered with the Department for at least 10 years and that
				have a current certificate of inspection issued by the Department of Community
				Affairs, Bureau of Housing Inspection, shall be exempt from this chapter;
ii. All multiple dwelling units constructed prior
				to 1978 that have been registered with the Department for at least 10 years with
				open inspections that have no violations for paint shall also be exempt from this
				chapter; and
5. Dwellings
				with a valid lead-safe certification issued pursuant to this chapter. Lead-safe
				certifications are valid for two years from the date of issuance pursuant to
				N.J.A.C.
				5:28A-2.4.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28A - LEAD-BASED PAINT INSPECTIONS IN RENTAL DWELLINGS › Subchapter 2 - PERIODIC LEAD-BASED PAINT INSPECTIONS › Section 5:28A-2.1 - Periodic lead-based paint inspection: performance

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				The initial inspection for all single-family, two-family, and multiple dwellings
				subject to this chapter shall be upon tenant turnover or within two years of the
				effective date of P.L.
				2021, c. 182, July 22, 2022, whichever is sooner.
				Thereafter, all such dwelling units shall be inspected for lead-based paint hazards
				every three years or upon tenant turnover, whichever is earlier, except that an
				inspection shall not be required at tenant turnover, if the dwelling unit owner has
				a valid lead-safe certification for the dwelling unit.
1. In all scenarios, the next periodic lead-based
				paint inspection shall be counted from the most recent periodic lead-based paint
				inspection that resulted in a valid lead-safe certification.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28A - LEAD-BASED PAINT INSPECTIONS IN RENTAL DWELLINGS › Subchapter 2 - PERIODIC LEAD-BASED PAINT INSPECTIONS › Section 5:28A-2.2 - Fees for inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The municipality
				shall charge the dwelling owner or landlord a fee sufficient to cover the cost of
				the periodic lead-based paint inspection, including the cost of hiring a lead
				evaluation contractor, where applicable. These fees shall be solely dedicated to
				meeting the costs of implementing and enforcing this chapter and shall not be used
				for any other purpose.
(b) In addition
				to these fees, each municipality shall assess an additional fee of $ 20.00 per unit
				inspected by a lead evaluation contractor or permanent local agency for the purposes
				of the Lead Hazard Control Assistance Act,
				P.L.
				2003, c. 311 (N.J.S.A.
				52:27D-437.1 et seq.), concerning lead hazard
				control work, unless the unit owner demonstrates that the Department has already
				assessed an additional inspection fee of $ 20.00 pursuant to the provisions of
				Section 10 at P.L.
				2003, c. 311 (N.J.S.A.
				52:27D-437.10). The fees collected pursuant to
				this subsection shall be deposited into the Lead Hazard Control Assistance Fund
				established pursuant to Section 4 at
				P.L.
				2003, c. 311 (N.J.S.A.
				52:27D-437.4).
(c) In a common interest community, any inspection
				fee charged pursuant to this chapter shall be the responsibility of the unit owner
				and not the homeowners' association, unless the association is the owner of the
				unit.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28A - LEAD-BASED PAINT INSPECTIONS IN RENTAL DWELLINGS › Subchapter 2 - PERIODIC LEAD-BASED PAINT INSPECTIONS › Section 5:28A-2.3 - Periodic lead-based paint inspection: procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				For municipalities in which less than three percent of children tested, six years of
				age or younger, have a blood lead level greater than or equal to five ##g/dL, or if
				different, the level set forth at
				N.J.S.A.
				52:27D-437.16, according to the central lead
				screening database maintained by the New Jersey Department of Health, or other data
				deemed appropriate by the Department, the periodic lead-based paint inspection may
				be performed through a visual assessment.
1. For a
				visual assessment, the permanent local agency or lead evaluation contractor shall
				examine dwellings, in accordance with HUD guidelines and regulations at 42 U.S.C.
				§ 4851b for deteriorated paint or visible surface dust, debris, or residue on
				all painted building components, especially any walls, window, trim, and surfaces
				that experience friction or impact.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28A - LEAD-BASED PAINT INSPECTIONS IN RENTAL DWELLINGS › Subchapter 2 - PERIODIC LEAD-BASED PAINT INSPECTIONS › Section 5:28A-2.4 - Inspection results and lead-safe certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				If, following inspection, a lead evaluation contractor or permanent local agency
				finds that no lead-based paint hazard exists in a dwelling unit, the lead evaluation
				contractor or permanent local agency shall certify the dwelling unit as lead-safe on
				the form prescribed by the Department.
1. The
				lead-safe certification shall be valid for a period of two years from the date of
				issuance.
i. If, during the two-year certification
				period, a lead evaluation contractor, lead inspector/risk assessor, a local health
				department, or a public agency conducts an independent inspection or risk assessment
				and determines that there is a lead-based paint hazard, the lead-safe certification
				issued pursuant to this chapter shall be invalid. A periodic lead-based paint
				inspection shall be scheduled upon the conclusion of remediation, in accordance with
				N.J.A.C.
				5:28A-2.5(e).
ii. Where an independent inspection or risk
				assessment determines that there is a lead-based paint hazard, the inspector/risk
				assessor shall inform the municipality of the results of the inspection.
iii. The lead-safe certification shall not exempt
				the dwelling from any other law that would require a lead inspection/risk
				assessment.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28A - LEAD-BASED PAINT INSPECTIONS IN RENTAL DWELLINGS › Subchapter 2 - PERIODIC LEAD-BASED PAINT INSPECTIONS › Section 5:28A-2.5 - Remediation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where a lead-based
				paint hazard exists in a dwelling, the owner shall remediate the hazard by using
				either abatement or interim controls. The owner shall choose the appropriate
				remediation mechanism.
(b) Interim
				controls shall be performed, in accordance with the requirements of the United
				States Department of Housing and Urban Development at 42 U.S.C. § 4851b and
				detailed within the HUD Guidelines for the Evaluation and Control of Lead-Based
				Paint Hazards in Housing.
(c) Abatement
				work shall be performed in accordance with the requirements in the Lead Hazard
				Evaluation and Abatement Regulations, N.J.A.C. 5:17.
(d) Any relocation of tenants required pursuant to
				a remediation shall be undertaken, in accordance with applicable law.
(e) Upon conclusion of the remediation, the
				following procedure shall be followed:
1. If the
				owner utilized interim controls for remediation, the lead evaluation contractor or
				permanent local agency shall conduct an additional inspection within 60 days of the
				initial inspection by using dust wipe sampling. If the inspections shows that the
				hazard no longer exists, the lead evaluation contractor or permanent local agency
				shall certify the unit as lead-safe on the form prescribed by the Department. The
				certification shall be valid for a period of two years from the date of issuance;
				and
2. If the owner utilized abatement
				for remediation, and a lead abatement clearance certificate has been issued by the
				local enforcing agency in accordance with N.J.A.C. 5:17, then the lead-free
				certificate issued at the final clearance inspection shall exempt the dwelling from
				future periodical lead-based paint inspections.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28A - LEAD-BASED PAINT INSPECTIONS IN RENTAL DWELLINGS › Subchapter 2 - PERIODIC LEAD-BASED PAINT INSPECTIONS › Section 5:28A-2.6 - Consultation with agencies

Current through Register Vol. 56, No. 14, July 15, 2024
A permanent local agency or lead evaluation contractor with the
				  duty to inspect dwellings subject to this chapter may consult with the Department,
				  the local health board, or the New Jersey Department of Health concerning the
				  criteria for the inspection and identification of areas and conditions involving a
				  high risk of lead poisoning in such dwellings, methods of detection of lead in such
				  dwellings, and standards for the repair of such dwellings containing lead
				  paint.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28A - LEAD-BASED PAINT INSPECTIONS IN RENTAL DWELLINGS › Subchapter 3 - RECORDKEEPING REQUIREMENTS › Section 5:28A-3.1 - Owner responsibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner of
				a dwelling that is subject to this chapter shall provide to the tenant and to the
				municipality evidence of a valid lead-safe certification obtained pursuant to this
				chapter at the time of tenant turnover. The owner shall also affix a copy of any
				such certification as an exhibit to the tenant's lease.
(b) The owner of a multiple dwelling that is
				subject to this chapter shall provide evidence of a valid lead-safe certification
				obtained pursuant to this chapter, as well as evidence of the most recent tenant
				turnover, at the time of any cyclical inspection performed pursuant to the Hotel and
				Multiple Dwelling Law,
				N.J.S.A.
				55:13A-1 et seq.
(c) The owner of a dwelling that is subject to
				this chapter shall maintain a record of the lead-safe certification, which shall
				include the name or names of a unit's tenants, if the inspection was conducted
				during a period of tenancy.
(d) The
				owner of any dwelling subject to this chapter shall inform the municipality of all
				tenant turnover activity to ensure any required inspection may be
				scheduled.
(e) The owner of a dwelling
				shall provide a copy of this chapter, and any lead-safe certifications issued
				pursuant thereto, along with the accompanying guidance document, Lead-Based Paint in
				Rental Dwellings, to any prospective owners of the dwelling during a real estate
				transaction, settlement, or closing.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28A - LEAD-BASED PAINT INSPECTIONS IN RENTAL DWELLINGS › Subchapter 3 - RECORDKEEPING REQUIREMENTS › Section 5:28A-3.2 - Municipal and lead evaluation contractor responsibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The municipality shall maintain a record of
				all dwellings subject to this chapter, which shall include up-to-date information on
				inspection schedules, inspection results, and tenant turnover.
(b) The municipality shall maintain a record of
				all lead-safe certifications issued pursuant to this chapter.
1. Where a lead evaluation contractor performs
				inspections for the municipality, the lead evaluation contractor shall provide a
				copy of the lead-safe certification to the municipality.
2. Where an owner hires a lead evaluation
				contractor to perform inspections for his or her dwelling, the lead evaluation
				contractor shall provide a copy of the lead-safe certification to the
				municipality.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28A - LEAD-BASED PAINT INSPECTIONS IN RENTAL DWELLINGS › Subchapter 4 - INVESTIGATIONS AND ENFORCEMENT › Section 5:28A-4.1 - Municipal enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A municipality,
				or its permanent local agency, shall be authorized to conduct investigations and
				issue penalties in order to enforce a property owner's failure to comply with this
				chapter.
1. The owner of the dwelling shall first
				be given a period of 30 days to cure any violation by conducting the required
				inspection or initiating any required remediation efforts.
2. If the owner of the dwelling has not cured the
				violation within that time period, they shall be subject to a penalty, not to exceed
				$ 1,000 per week, until the required inspection has been conducted or the
				remediation efforts have been initiated. Remediation efforts shall be considered to
				be initiated when the dwelling owner has hired a lead abatement contractor or other
				qualified party to perform lead-hazard control methods.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 29 - LANDLORD-TENANT RELATIONS › Subchapter 1 - LANDLORD IDENTITY REGISTRATION FORMS › Section 5:29-1.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				46:8-28 and
				46:8-29, the form prescribed by this
				subchapter is required to be given by landlords to tenants in single unit dwellings
				and in two-unit dwellings that are not owner-occupied and to be filed in the office
				of the clerk of the municipality in which any such single unit dwelling or two-unit
				dwelling is situated.
(b) Tenants in
				multiple dwellings are required to be given a copy of the certificate of
				registration filed with the Bureau of Housing Inspection in accordance with
				55:13A-12,
				46:8-28 and
				5:10-1.11.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 29 - LANDLORD-TENANT RELATIONS › Subchapter 1 - LANDLORD IDENTITY REGISTRATION FORMS › Section 5:29-1.2 - One and two-unit dwelling registration form

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The form of the
				certificate of registration to be filed with the municipal clerk and distributed to
				tenants by owners of non-owner occupied one- and two-unit dwellings shall be
				substantially as follows:
LANDLORD IDENTITY STATEMENT
(One and Two-Unit Rental Dwellings)
Address of Dwelling:
1.
				The names and addresses of all record owners of the building or of the rental
				business (including all general partners in the case of a partnership) are as
				follows:
2. If the record owner is a
				corporation, the names and addresses of the registered agent and of the corporate
				officers are as follows:
[] Record owner is not a corporation.
3. If the address of any record owner is not
				located in the county in which the dwelling is located, the name and address of a
				person who resides in the county and is authorized to accept notices from a tenant,
				to issue receipts for those notices and to accept service of process on behalf of
				the out-of-county record owner(s) are as follows:
[] The addresses of all record owners are in the county in which
				  the dwelling is located.
4. The
				name and address of the managing agent are as follows:
[] There is no managing agent.
5. The name and address (including dwelling unit,
				apartment or room number) of the superintendent, janitor, custodian or other person
				employed to provide regular maintenance service are as follows:
[] There is no superintendent, janitor, custodian or other person
				  employed to provide regular maintenance service.
6. The name, address and telephone number of an
				individual representative of the record owner or managing agent who may be reached
				or contacted at any time in the event of an emergency affecting the dwelling or any
				dwelling unit, including such emergencies as the failure of any essential service or
				system, and who has authority to make emergency decisions concerning the building,
				including the making of repairs and expenditures, are as follows:
7. The names and addresses of all holders of
				recorded mortgages on the property are as follows:
[] There is no recorded mortgage on the property.
8. If fuel oil is used to heat the
				building and the landlord furnishes the heat, the name and address of the fuel oil
				dealer servicing the building and the grade of fuel oil used are as follows:
[] The building is not heated by fuel oil.
.....................................................................
[] The building is heated by fuel oil, but the landlord does not
				  furnish heat.
Date:
						  ...................
..................................................
Landlord or Authorized Representative
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 5:30-1.1 - Rules and regulations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All applications to the Board shall require a
				hearing before the Board, which shall include an appearance by the applicant at the
				time the application is heard. The chair or the Board may waive such appearance if
				it is found in the interest of the Board or the applicant to do so.
(b) The Local Finance Board shall meet on the
				second Wednesday of each month of the calendar year at its office, 101 South Broad
				Street, Trenton, New Jersey at the date and time specified in each notice of public
				meeting issued by the Board. Further, the business that would otherwise be handled
				at the regular meetings required pursuant to N.J.S.A. 52:27BB-13 shall be considered
				at the next following meeting scheduled pursuant to this subsection.
(c) The Board shall also meet at the call of the
				chair by notice in writing or via facsimile at such time and place as shall be
				specified in said notice. The Board, in its discretion, may agree to meet upon the
				receipt of a telephone request from the chair or any member thereof to transact any
				business which may properly come before it. The members of the Board may be
				considered in attendance at a meeting by using telecommunications equipment as
				permitted by the Open Public Meetings Act.
(d) The board shall meet as a municipal finance
				commission in those municipalities in which it functions and all other actions shall
				be taken as the Local Finance Board.
(e)
				Additional information on the Board and its practices can be obtained by contacting
				the Executive Secretary, Local Finance Board, 101 South Broad Street, PO Box 803,
				Trenton, New Jersey 08625-0803, (609) 292-6613, or by email at
				dlgs@dca.nj.gov.
(f) References in this
				chapter to the Director or Division shall refer to the Director of the Division of
				Local Government Services, or to the Division of Local Government Services, as
				appropriate.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 5:30-1.3 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Local Finance
				Board holds hearings when required by law, and also when it determines that
				interested persons should be given an opportunity to be heard.
(b) Hearings to appeal a determination or action
				of the Director pursuant to N.J.S.A. 52:27BB-15 shall be held upon receipt of a
				written request filed with the chair or executive secretary and which include an
				explanation of the determination or action of the Director which is being appealed,
				the nature of and reason for the appeal, and supporting documentation as may be
				requested by the Board.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 5:30-1.4 - Vote

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the case of a
				vote on any appeal from a determination of the Director, the Director shall
				disqualify himself or herself from a vote, but shall preside at the hearing on the
				appeal. A vote of a majority of the whole board, namely, five votes, shall be
				required in determining whether any appeal from any action of the Director shall be
				sustained or reserved.
(b) In the case
				of a vote on any other matter heard before the board, a majority of the vote of the
				whole board, including that of the director, shall be required.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 5:30-1.6 - Determinations

Current through Register Vol. 56, No. 14, July 15, 2024
The board may, if it so elects, direct that hearings under the
				  foregoing shall be held by a member thereof, but all determinations shall be made by
				  a majority of the full board.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 5:30-1.7 - Forms; general provisions

Current through Register Vol. 56, No. 14, July 15, 2024
All forms required to be filed with the Local Finance Board or
				  Division of Local Government Services, such as statements, applications and reports
				  shall be filed on forms (or approved facsimiles) approved by the Board or the
				  Director of the Division of Local Government Services, certified as to their
				  accuracy by an appropriate official and in accordance with the instructions relating
				  to each. Forms are available upon request to the Local Finance Board or the Division
				  of Local Government Services.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 5:30-1.8 - Use of Local Finance Notices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When necessary for
				the day-to-day administration of the responsibilities of the Board and the Division,
				the Director may issue such communications and directives as necessary to local
				units subject to the oversight of the Board and Division. Such communications and
				directives shall be known as Local Finance Notices (Notices), and shall be numbered
				in a scheme as determined necessary from time-to-time by the Director.
(b) Local Finance Notices shall be made available
				by electronic means to those officers or individuals affected by the Notice, as
				determined necessary by the Director, at no charge. All Notices shall be posted on
				the Division's website. Receiving email notification of publication of a Notice by
				email shall be available to any person at no charge.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 5:30-1.9 - Use of electronic communications networks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where practicable,
				the Division and Board shall provide notices, information, and copies of forms to
				the public through a website maintained by the Division. While subject to change,
				the website is found at
http://www.nj.gov/dca/dlgs/index.shtml
.
				As an alternate, users may access the Division's information at the State's home
				page at
https://www.nj.gov
and then use
				appropriate links to find the Department of Community Affairs or Division of Local
				Government Services.
(b) When available,
				the Division and Board may use electronic communications networks to communicate
				with those individuals and officials for whom access to such networks is available.
				Such communications shall be considered as official and take the place of
				communications by mail, when deemed appropriate by the Director.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 5:30-1.11 - Realized revenue report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When required to do so by the Local Finance
				Board or the Director, governmental units shall file a form entitled "Realized
				Revenue Report." The form of the Realized Revenue Report shall be approved by the
				Board or the Director, and shall list, for each revenue, the budgeted amount,
				realized amount, percent realized, and amount not realized.
(b) All statements shall be certified as being
				accurate and complete by the chief financial officer of the local unit.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 2 - LOCAL BOND LAW › Section 5:30-2.1 - Exceptions to debt limitation of N.J.S.A 40A:2-7

Current through Register Vol. 56, No. 14, July 15, 2024
When a local government seeks a waiver from the debt limitations
				  of 40A:2-6 for a bond ordinance
				  authorizing obligations solely for the purposes delineated in
				  40A:2-7, the application must be
				  submitted to the Local Finance Board within the established filing schedule on a
				  form approved by the Board. Approval of bond and note financing in excess of the
				  debt limit under
				  40A:2-7(c), (d) and
				  (e) require the applicant to justify and
				  demonstrate the existence of extraordinary conditions.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 2 - LOCAL BOND LAW › Section 5:30-2.2 - Automatic waiver of appearance

Current through Register Vol. 56, No. 14, July 15, 2024
An appearance by the applicant before the Board for applications
				  for the waiver of down payment shall not be required for the following State loan
				  programs: Green Acres and the New Jersey Historic Trust Revolving Loan Fund in the
				  Department of Environmental Protection, Transportation Trust Fund Authority Act in
				  the Department of Transportation, and the Unsafe Buildings Demolition Loan Fund in
				  the Department of Community Affairs. A full application with supporting
				  documentation shall be required and a vote of the Board shall be taken. An
				  appearance shall only be required when requested by the Board.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 2 - LOCAL BOND LAW › Section 5:30-2.3 - Payments for capital improvement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When
				40A:2-11 requires local governments to
				appropriate a down payment which is not less than five percent of the amount of
				obligations authorized for each bond ordinance, the down payment must have been made
				available prior to final adoption of the bond ordinance from any combination of the
				following sources:
1. Reserve funds in the capital
				improvement fund accumulated from annual budget appropriations;
2. Current budget appropriation; and/or
3. Emergency appropriation.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 2 - LOCAL BOND LAW › Section 5:30-2.4 - Form of Notice of Pending Bond Ordinance and Summary publication

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				N.J.S.A.
				40A:2-17.b, a local unit may choose to publish a
				bond ordinance in summary form and shall use the following form of summary of bond
				ordinance and notice of adoption:
NOTICE OF PENDING BOND ORDINANCE AND SUMMARY
The bond ordinance, the summary terms of which are included
				  herein, was introduced and passed upon first reading at a meeting of the governing
				  body of the _______of _______, in the County of _______, State of New Jersey, on
				  _______, 20__. It will be further considered for final passage, after public hearing
				  thereon, at a meeting of the governing body to be held at the _______, in the
				  _______on _______, 20__ at _______o'clock ___M. During the week prior to and up to
				  and including the date of such meeting copies of the full ordinance will be
				  available at no cost and during regular business hours, at the Clerk's office for
				  the members of the general public who shall request the same. The summary of the
				  terms of such bond ordinance follows:
Title:
Purpose(s):
Appropriation:
Bonds/Notes Authorized:
Grants (if any) Appropriated:
Section 20 Costs:
Useful
_____________________, Clerk
This Notice is published pursuant to
				  N.J.S.A.
				  40A:2-17.
BOND ORDINANCE STATEMENTS AND SUMMARY
The bond ordinance, the summary terms of which are included
				  herein, has been finally adopted by the _______of _______, in the County of _______,
				  State of New Jersey on _______, 20__ and the 20 day period of limitation within
				  which a suit, action, or proceeding questioning the validity of such ordinance can
				  be commenced, as provided in the Local Bond Law, has begun to run from the date of
				  the first publication of this statement. Copies of the full ordinance are available
				  at no cost and during regular business hours, at the Clerk's office for members of
				  the general public who request the same. The summary of the terms of such bond
				  ordinance follows:
Title:
Purpose(s):
Appropriation:
Bonds/Notes Authorized:
Grants (if any) Appropriated:
Section 20 Costs:
Useful
_____________________, Clerk
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 2 - LOCAL BOND LAW › Section 5:30-2.5 - Refunding of bonds meeting certain conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding
				the approvals and consents required of the Local Finance Board in connection with
				the authorization, sale, and issuance of refunding bonds pursuant to
				N.J.S.A.
				40A:2-51 et seq., or 18A:24-61 et seq., any
				municipality, county, or school district meeting all of the conditions set forth
				below, may authorize and issue refunding bonds, including by adoption of any
				refunding bond ordinance or resolution in connection therewith, to refund long-term
				debt without prior approval of the Local Finance Board, where the issuance of those
				refunding bonds realizes debt service savings on the outstanding obligations,
				provided all of the following conditions are present:
1. The present value savings is at least three
				percent;
2. The new debt service
				schedule shall be structured, such that no annual debt service payment is more than
				it was under the original debt service schedule;
3. The final maturity of the refunding bond does
				not extend past the budget year in which such final maturity was originally
				scheduled to mature; and
4. The debt
				savings are substantially level across the life of the refunding.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 2 - LOCAL BOND LAW › Section 5:30-2.7 - Request for determination of period of usefulness

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As used in this
				section, the terms set forth below shall have the following meanings:
1. "Capital improvement" means any of the
				following:
i. Development of land;
ii. Acquisition, construction, improvement,
				rehabilitation, and/or renovation of buildings, roads, structures, facilities, and
				infrastructure; or
iii. Major repairs,
				reconditioning, or overhaul that meaningfully extends the useful life of an existing
				capital asset.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 2 - LOCAL BOND LAW › Section 5:30-2.9 - Submission of electronic proposals for sale of bonds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Local units
				(including municipalities, counties, authorities, and fire districts) planning to
				issue bonds may receive proposals for the competitive or negotiated sale of such
				bonds through an open or closed electronic auction managed by a nationally
				recognized electronic securities bidding service. For the purposes of this section,
				a closed auction includes the submission of electronically sealed bids that are
				opened at a set time and an open auction is where bidders submit bids against each
				other in real time.
(b) Requirements
				that bidders be members of the National Association of Security Dealers, have a
				business relationship with the Depository Trust Corporation, or require
				participation in a similar financial industry-based program shall not be construed
				as limiting competition.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 2 - LOCAL BOND LAW › Section 5:30-2.10 - Use of financial surety bonds in electronic bond sale auctions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to the
				requirements of this section, a local unit may accept a financial surety bond in
				lieu of a certified, cashier's or treasurer's check as a bid deposit as required by
				40A:2-32(a).
(b) The financial surety bond must be provided by
				an insurance company or other guarantor that is licensed and authorized to do
				business in the State of New Jersey. Applicants shall possess the requisite
				financial capability and experience in issuing financial surety bonds to guarantee a
				bid deposit on the sale of government securities and further, that they possess the
				capability to respond to requests for the provision of financial surety bonds in a
				timely and secure manner for the use of bidders who seek to purchase local unit
				securities.
(c) Acceptance of a
				financial surety bond by a local unit shall be subject to the following conditions:
1. Financial surety bonds shall be made payable to
				the order of the issuing local unit in order for a bid to be considered;
2. The requirement or option to use a financial
				surety bond in the bond sale shall be included in the notice of sale of the
				bonds;
3. Proof of the financial surety
				bond must be submitted to the local unit or its agent by a fixed time on the day
				prior to the opening of the bids;
4.
				Each financial surety bond must identify the bidder whose deposit is guaranteed by
				the financial surety bond, and shall state the time and date when it will expire.
				Said date shall not be earlier than the date for submission of the required
				deposit;
5. The notice of sale of the
				bonds shall require the successful bidder using a financial surety bond to submit
				its deposit to the local unit in such form and a time required by the local unit,
				which shall be no later than 48 hours of the award of the bonds;
6. If such deposit is not received by the stated
				time to satisfy the deposit requirement, the local unit may draw the financial
				surety bond;
7. The deposit of the
				successful bidder will be applied to the purchase price of the bonds and no interest
				will be paid thereon; and
8. The local
				unit shall retain the deposit as liquidated damages should the bidder fail to comply
				with the terms of the bid.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 3 - ANNUAL BUDGET › Section 5:30-3.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter, shall
				  have the following meanings, unless the context indicates otherwise:
"County entity" means a county board of taxation, office of the
				  county superintendent of election, office of the county board of election, office of
				  the county register of deeds and mortgages, office of the county clerk, office of
				  the county surrogate, office of the county prosecutor, and county sheriff's
				  department.
"County entity budget authority" means the county tax
				  administrator, county superintendent of election, county board of election, county
				  register of deeds and mortgages, county clerk, county surrogate, county prosecutor,
				  and county sheriff, in their role as the appointing authority of their respective
				  offices.
"Election expenses" means all necessary expenses incurred by the
				  superintendent of elections, county clerk, and board of elections for each county
				  related to election costs and the administration, preparation, and implementation of
				  all elections, including all vendor related contract services; voting machine
				  maintenance, repairs, parts and equipment, certification, and technical coding;
				  transportation of voting machines and election supplies; overtime for all staff
				  related to election duty; food services during election; poll workers, machine
				  technicians, and other temporary workers; supplies; office equipment; printing;
				  postage; advertisement costs, upon being certified to by the superintendent of
				  elections, county clerk, and board of elections for each county; but shall not mean
				  or include staff salaries for the office of the superintendent of elections, staff
				  salaries for the county clerk, or staff salaries for the county board of
				  elections.
"Local unit" means a county or municipality.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 3 - ANNUAL BUDGET › Section 5:30-3.2 - Procedures for adoption of budget

Current through Register Vol. 56, No. 14, July 15, 2024
(a) 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.
(b) The procedure shall be as follows:
1. Introduction and approval;
2. Public advertising;
3. Public hearing;
4. Amendments and public hearings, if
				required;
5. Adoption;
6. The clerk of the local unit shall transmit a
				certified copy of the budget, as adopted, to the county board not later than 15 days
				following the adoption of the budget.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 3 - ANNUAL BUDGET › Section 5:30-3.3 - Examination of budget

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director shall examine the budget filed in
				the Division of Local Government Services with reference to all estimates of revenue
				and to the following appropriations:
1. Payment of
				interest and debt redemption charges;
2.
				Deferred charges and statutory expenditures;
3. Cash deficit of preceding year;
4. Reserve for uncollected taxes;
5. Other reserves and nondisbursement
				items.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 3 - ANNUAL BUDGET › Section 5:30-3.4 - Filing of municipal budget amendments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All budget
				amendments submitted to the Director, Division of Local Government Services for
				approval per 40A:4-85 and
				40A:4-87 shall be filed with the
				Director within five days after adoption.
(b) Any such budget amendment not filed within the
				prescribed time must be accompanied by a statement of reasons, satisfactory to the
				Director, for such delay.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 3 - ANNUAL BUDGET › Section 5:30-3.5 - Detail in support of current budget appropriation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the budget
				document filed with the Director, line items of appropriations for administration,
				operation and maintenance of each office, department, institution or other agency of
				each local unit shall be shown separately, and provide, at a minimum, a breakdown
				for "salaries and wage" and "other expenses."
(b) After the introduction of the budget, but no
				later than seven days prior to the public hearing on the budget, each local unit
				shall make available to the public such supporting documents that provides
				appropriate detail covering the makeup of any revenue or appropriation. Such
				documents shall be made available for public inspection at the office of the
				municipal clerk or chief financial officer. Copies of the documents shall be made
				available to the public pursuant to the provisions of N.J.S.A. 47:1A-2.
(c) The appropriate detail as required in (b)
				above shall include those schedules, estimates, or lists of proposed revenues and
				appropriations that were utilized by the governing body in its final deliberations
				on the budget, or used in such other circumstances that reflect the details of the
				lines items shown in the introduced budget. This provision shall not require the
				disclosure of any details that were part of a meeting of the governing body that was
				closed to the public pursuant to the Open Public Meetings Act.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 3 - ANNUAL BUDGET › Section 5:30-3.6 - Emergency appropriations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For emergency
				appropriations made after the adoption of the annual budget, for a purpose
				unforeseen at the time of adoption, and made pursuant to
				40A:4-46 through
				40A:4-49, the local unit shall file
				the following documents are with the Director with five working ways of the passage
				of the emergency resolution:
1. Two certified
				copies of the resolution authorizing the emergency appropriation;
2. An affidavit of the chief financial officer as
				required by 40A:4-52; and
3. For any emergency appropriation entitled "Down
				payments on improvements," an accounting of the capital improvement fund from the
				beginning of the budget year through the date of introduction of the related
				ordinance.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 3 - ANNUAL BUDGET › Section 5:30-3.7 - County entity budget request cap

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A budget request
				submitted to the county governing body, as appropriate to the form of government, by
				a county entity budget authority on behalf of a county entity shall be consist of
				two parts:
1. The amount to be funded by property
				taxation; and
2. The amount to be funded
				wholly through State or Federal funds, fees raised by the county entity, or other
				sources.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 3 - ANNUAL BUDGET › Section 5:30-3.9 - Property tax levy cap exclusion for extraordinary expenses due to emergencies

Current through Register Vol. 56, No. 14, July 15, 2024
40A:4-45.4 5.b authorizes an exclusion
				  to the municipal and county property tax levy cap for "extraordinary costs" related
				  to a declared emergency. For the purpose of this law, "extraordinary costs" are
				  defined as expenditures incurred for the immediate preparation, response, recovery,
				  and restoration of public services due to extreme weather conditions or other
				  catastrophic events that are the subject of a gubernatorial emergency declaration,
				  and only for that portion of costs exceeding the cost of providing services under
				  non-emergency conditions. Such funds can be treated as one-time (non-permanent)
				  property tax levy cap exclusions upon submission and review of certifications
				  describing the expenditures to the Director of the Division of Local Government
				  Services, and may be subject to adjustment to account for the receipt of any State
				  or Federal reimbursements.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 3 - ANNUAL BUDGET › Section 5:30-3.10 - Property tax levy cap exclusion; increase in certain shared services costs

Current through Register Vol. 56, No. 14, July 15, 2024
A local unit may exclude from its levy cap calculation any costs
				  falling within the general exclusions set forth at
				  N.J.S.A.
				  40A:4-45.45 that are passed on by the provider of
				  a shared service agreement to which the local unit is a party.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 3 - ANNUAL BUDGET › Section 5:30-3.11 - Annual financial statement for solid waste collection districts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) By no later than February 10, or August 10 for
				a municipality on a State fiscal year budget cycle, the chief financial officer of a
				municipality with a solid waste collection district shall file with the Director a
				statement showing in detail the items of moneys received and disbursed by the
				district during the preceding fiscal year, and also the balance of unexpended funds
				at the end of the fiscal year. Such statement shall be filed on forms furnished and
				prescribed by the Director. The deadline for submission may be extended by the Local
				Finance Board pursuant to
				N.J.S.A.
				40A:4-5.1.
(b) If the chief financial officer fails to file
				the annual financial statement of the municipality's solid waste collection district
				with the Director within 10 days after the applicable deadline, the chief financial
				officer shall be subject to a penalty of $ 5.00 for each day of neglect to file the
				statement, to be recovered in a summary proceeding against the chief financial
				officer instituted and prosecuted pursuant to the penalty enforcement law
				(N.J.S.A.
				2A:58-1 et seq.).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 3 - ANNUAL BUDGET › Section 5:30-3.12 - Notice of intent to sell or lease a municipal public utility service

Current through Register Vol. 56, No. 14, July 15, 2024
In a municipality undertaking the process of selling or leasing a
				  sewer plant, water plant, heat, light, or power plant, system of transportation, or
				  other public utility plant or system to another municipality, or a county,
				  authority, commission, or other public body pursuant to
				  N.J.S.A.
				  40:62-3 or
				  40:62-3.1, the transfer of a municipal
				  water utility serving less than five percent of the population of that municipality
				  to any person or entity, the municipal clerk shall provide the Director with a
				  certified copy of the ordinance authorizing the sale or long-term lease and, if
				  applicable, the resolution authorizing the issuance of a bid or request for
				  proposals, within five days of final adoption.