N.J. Admin. Code § 5:31-2.15

Current through Register Vol. 56, No. 11, June 3, 2024

Section 5:31-2.15 - Voter referendums on capital expenditures; fire districts

(a) The board of commissioners of a fire district may raise money by a bond issue or through the creation of any other debt or liability, including, but not limited to, through a lease purchase agreement, for any capital expenditure permitted under N.J.S.A. 40A:14-85, as well as for ambulances, first-aid vehicles, and rescue vehicles. Any such bond issue, debt, or liability shall be authorized by a resolution of the commissioners specifying the amount and the purpose thereof. No capital expenditure under N.J.S.A. 40A:14-85 may exceed $ 60,000 or two percent of the assessed valuation of the taxable property in the fire district, whichever amount is larger. The resolution shall be inoperative unless and until it shall have been submitted to and approved by the legal voters within the fire district at either a special election or at the annual election for the board of fire commissioners.

(b) No resolution shall be adopted pursuant to N.J.S.A. 40A:14-85 prior to the issuance of findings by the Local Finance Board pursuant to N.J.S.A. 40A:5A-6 and 7.

(c) Within seven calendar days after the date of a voter referendum authorized pursuant to N.J.S.A. 40A:14-85 and 86, the district shall submit to the Division of Local Government Services, a certification of:

1. The results of the referendum; and

2. Compliance with N.J.S.A. 40A:14-85 and 86 and Title 19 of the New Jersey Statutes Annotated, if applicable.

(d) The certification at (c) above must be in the format set forth at N.J.A.C. 5:31-2Appendix H and be submitted with the following in such a manner as specified by the Director:

1. A copy of the ballot on which the question appeared;

2. A copy of the notices posted pursuant to law; and

3. Proof of publication of the newspaper notices required pursuant to law.

(e) Any individual certifying to willfully false statements in a certification submitted pursuant to (c) above shall be subject to punishment pursuant to law.

(f) A multi-year operational lease for a fire engine shall be considered a capital expenditure to be approved at a special election held pursuant to N.J.S.A. 40A:14-85.

N.J. Admin. Code § 5:31-2.15

New Rule, R.2021 d.006, effective 1/4/2021.
See: 52 N.J.R. 1489(a), 53 N.J.R. 53(a).