[HISTORY: Adopted by the Township Council of the Township of Marlboro 9-20-2007 by Ord. No. 2007-18. Amendments noted where applicable.]
Political fund-raising — See Ch. 45.
Editor's Note: This ordinance also repealed former Ch. 18, Contracts, Public, adopted 4-29-2004 by Ord. No. 2004-5 (Ch. 26 of the 1981 Code).
Editor’s Note: Former § 18.1, Prohibition on awarding public contracts to certain contributors, was repealed 12-5-2013 by Ord. No. 2013-21; the ordinance also provided that the Township adopt N.J.S.A 19:44A-1 et seq.
Editor’s Note: Former § 18.2, Contributions made prior to effective date, was repealed 12-5-2013 by Ord. No. 2013-21; the ordinance also provided that the Township adopt N.J.S.A 19:44A-1 et seq.
Editor’s Note: Former § 18.3, Disclosure and contribution statement by professional business entity and provider of extraordinary unspecifiable services, was repealed 12-5-2013 by Ord. No. 2013-21; the ordinance also provided that the Township adopt N.J.S.A 19:44A-1 et seq.
Any other provision of law to the contrary notwithstanding, the Township of Marlboro or any of its purchasing agents or agencies or those of its independent authorities, as the case may be, shall not enter into an agreement, amend an agreement, or otherwise contract with any developer and/or redeveloper, as defined in Subsection C below, for the planning, replanning, construction or undertaking of any development and/or redevelopment project including the acquisition or leasing of any public property in conjunction with the redevelopment of any area within the Township of Marlboro pursuant to the Local Redevelopment and Housing Law and/or the Municipal Land Use Law, if that developer and/or redeveloper has knowingly solicited or made any contribution of money, pledge of contribution, including in-kind contributions, in excess of the thresholds specified in § 18-1D above, within one calendar year immediately preceding the date of entering into the developer's agreement, redevelopment agreement, amended agreement, or contract (hereinafter "agreement"), except as permitted in § 18-1D above, to:
Any Township candidate or holder of public office having ultimate responsibility for the award of the contract;
Any campaign committee of such a candidate of holder of public office;
Any Township of Marlboro municipal party committee;
Any county party committee within the State of New Jersey; or
Any candidate committee, state political party committee, legislative leadership committee, continuing political committee or political action committee (PAC), organized under § 527 of the Internal Revenue Code, that is organized for the purpose of promoting or supporting Township candidates or Township officeholders and/or that has within the last calendar year provided financial or in-kind support to Township of Marlboro municipal elections and/or Township of Marlboro municipal or Township parties.
All developer agreements or amendments thereto and/or redevelopment agreements entered into by the Township of Marlboro shall contain a provision prohibiting developers and/or redevelopers, as defined in Subsection C below, to solicit or make any contribution in excess of the thresholds specified in § 18-1D above.
A "developer" or "redeveloper" means any person, firm, corporation, partnership, limited-liability company, organization, association, or public body that shall enter into or propose to enter into an agreement with a municipality or other redevelopment entity for the development of property pursuant to the Municipal Land Use Law, redevelopment or rehabilitation of an area in need of redevelopment, or an area in need of rehabilitation, or any part thereof, under the provisions of the Local Redevelopment and Housing Law, or for any construction or other work forming part of a development or redevelopment or rehabilitation project. For the purposes of this section, the definition of a "developer" or "redeveloper" includes all principals who own 10% or more of the equity in the corporation or business trust, partners, and officers in the aggregate employed by the developer and/or redeveloper as well as any affiliates or subsidiaries directly controlled by the developer or redeveloper. Spouses and any child/children shall also be included.
For the purposes of this section, the office that is considered to have responsibility for arranging and entering into the development agreement or redevelopment agreement shall be:
The Township Council if the developer's agreement or development agreement requires approval and/or appropriation from the Township Council or a public officer who is responsible for arranging and entering into the developer's agreement or redevelopment agreement if that public officer is appointed by the Mayor and/or Township Council;
The Mayor of the Township of Marlboro if the developer's agreement or redevelopment agreement requires the approval of the Mayor or a public officer who is responsible for arranging and entering into the redevelopment agreement if that public officer is appointed by the Mayor; or
A designated redevelopment entity, if the redevelopment agreement requires the approval of the redevelopment entity.
Prior to arranging and entering into a developer's agreement or redevelopment agreement with any developer or redeveloper, the Township of Marlboro or any of its purchasing agents or agencies or independent authorities, as the case may be, shall receive a sworn statement from the developer or redeveloper that the developer or redeveloper has not made any contribution in violation of § 18-1D above. The Township of Marlboro, through any appropriate redevelopment agent, agency, officer, authority, or department, shall be responsible for informing the Mayor and the Township Council that the aforementioned sworn statement has been received and that the developer or redeveloper is not in violation of this chapter, prior to entering into any developer's agreement or redevelopment agreement. Furthermore, the developer or redeveloper shall have a continuing duty to report any violations of this chapter that may occur while arranging and entering into the developer's agreement or redevelopment agreement, and until all specified terms or time period of the agreement have been completed. The certification required under this subsection shall be made prior to entry into the agreement with the municipality and shall be in addition to any other certifications that may be required by any other provision of law.
Editor's Note: The affirmation form is on file in the office of the Municipal Clerk.
It shall be the Township's continuing responsibility to give notice of this chapter to all developers who file any application with the municipality, its land use boards and/or any of its political subdivisions, including but not limited to the Planning Board or Zoning Board, to develop any tract of land within the municipality and/or when the municipality gives notice of redevelopment pursuant to N.J.S.A. 40A:12A-6 and/or when the municipality adopts an ordinance directing the Planning Board to prepare a redevelopment plan and at the time that the municipality adopts the ordinance to implement the redevelopment plan.
The contribution and disclosure requirements in this chapter shall apply to all developers and/or redevelopers as well as professionals, consultants or lobbyists contracted or employed by the developer and/or redeveloper, including those ultimately designated by the developer/redeveloper to provide services related to the:
Lobbying of government officials in connection with the examination of an area and its designation as an area in need of redevelopment or in connection with the preparation, consultation and adoption of the redevelopment plan;
Obtaining the designation or appointment as redeveloper;
Negotiating the terms of a developer's agreement or redevelopment agreement or any amendments or modifications thereto; and
Performing the terms of a developer's agreement or redevelopment agreement.
It shall be a breach of the consultant's contract with the developer and/or redeveloper, and shall require immediate termination, for a consultant to violate the contribution limits and disclosure requirements in this chapter.
A developer or redeveloper who participates in, or facilitates, the circumvention of the contribution restrictions through consultants or professionals shall be deemed to be in breach.
A business entity, developer, or redeveloper, or Township of Marlboro candidate or officeholder, or municipal, county or state party committee, candidate committee, legislative leadership committee, continuing political committee or PAC referenced in this chapter may cure a violation of § 18-1 of this chapter if, within 30 days after the applicable ELEC report, the business entity notifies the Township of Marlboro in writing and seeks and receives reimbursement of the contribution from the relevant candidate or officeholder, municipal or county political party, state political party, candidate committee, legislative leadership committee, continuing political committee, or PAC referenced in this chapter.
It shall be a breach of a contract with the Township of Marlboro for a business entity, developer or redeveloper to:
Make or solicit a contribution in violation of this chapter;
Knowingly conceal or misrepresent a contribution given or received;
Make or solicit a contribution through intermediaries for the purpose of concealing or misrepresenting the source of the contribution;
Make or solicit any contribution on the condition of or with the agreement that it will be contributed to a campaign committee of any candidate or holder of the public office of the Township of Marlboro;
Engage or employ a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make any contribution which, if made or solicited by the business entity itself, would violate this chapter;
Fund contributions made by third parties, including consultants, attorneys, family members and employees;
Engage in any exchange of contribution to circumvent the intent of this chapter; or
Directly or indirectly, through or by any other person or means do any act which would violate this chapter.
Furthermore, any business entity, developer or redeveloper that violates § 18-8A(2) through (8) shall be debarred from eligibility for future Township of Marlboro contracts or from entering into a developer's agreement or redevelopment agreement for a period of four calendar years from the date of the violation.
Editor’s Note: Former § 18.9, Anti-wheeling restrictions, was repealed 12-5-2013 by Ord. No. 2013-21; the ordinance also provided that the Township adopt N.J.S.A 19:44A-1 et seq.
If any provision of this chapter, or the application of any such provision to any person or circumstances, shall be held invalid by a court of the United States or this state, or by any administrative agency of the United States or this state, the remaining provisions shall remain in effect.
This chapter supplements, but does not supersede, the contribution disclosure requirements under P.L. 2004, c. 19, § 7, amended P.L. 2005, c. 51, § 15 (N.J.S.A. 19:44A-20.8), and P.L. 2005, c. 271, § 2 (N.J.S.A. 19:44A-20.26), for contracts awarded through other than a fair and open process. All ordinances or parts of ordinances that are inconsistent with any provisions of this chapter are hereby repealed to the extent of such inconsistencies.
The regulatory and penalty provisions of this chapter shall be incorporated by reference into all Township of Marlboro contracts for professional services and extraordinary unspecifiable services and developer's agreements and redevelopment agreements.
The Clerk of the Township of Marlboro shall file a certified true copy of this chapter with the Secretary of State, in accordance with N.J.S.A. 40A:11-51(c).
This chapter shall take effect in accordance with law.