40A:2-11. a. No bond ordinance shall be finally adopted unless it appropriates to the purpose, or ratably to the respective purposes to be financed, in addition to the obligations thereby authorized, a sum as a down payment which is not less than five percent of the amount of the obligations authorized.

b. Said sum so appropriated as a down payment must have been made available prior to final adoption of the bond ordinance from any one or more of the following:

1. by provision in a previously adopted budget or budgets of the local unit for down payment or for capital improvement purposes;

2. from moneys then actually held by the local unit and previously contributed for such purpose other than by the local unit; or

3. by emergency appropriation.

c. The provisions of this section shall not apply to a bond ordinance which authorizes obligations solely for any purpose referred to in paragraphs a., b., c., d., e., and h. of N.J.S. 40A:2-7 or for those bond ordinances which involve projects funded by State grants such as Green Acres, Transportation Trust Fund, and other similar programs, or for those bond ordinances which involve environmental infrastructure projects or transportation projects, as defined in section 3 of P.L.1985, c.334 (C. 58:11B-3), funded by loans from the “New Jersey Infrastructure Bank,” created pursuant to section 4 of P.L.1985, c.334 (C. 58:11B-4), or the State, acting by and through the Department of Environmental Protection.

amended 2003, c.15, s.2; 2015, c.95, s.33; 2021, c.80, s.1.