[Adopted 12-26-2007 by Ord. No. 39-07]
As used in this Part 2, the following terms shall have the meanings
indicated:
Any individual seeking election to a public office of the
federal, state, county or municipal government, or school district
or political party, and any individual who shall have been elected
or failed of election to any such office.
The government of the Township of Jackson, including any
officer, department, board, commission or agency thereof.
Any person holding elective municipal office or holding an
appointed position in the municipal government, or in any agency,
commission, board or office thereof, whether the position is full-time
or part-time, compensated or uncompensated; and any employee of municipal
government or of any municipal agency, commission, board or office
thereof, whether the position is full-time or part-time.
Any loans and transfers of money or other things of value
to any candidate, elected official or representative of any political
organization, or other commitments or assumptions of liability to
make any such transfer. Political contributions shall be deemed to
have been made upon the date when such commitment is made or liability
assumed.
Any two or more persons acting jointly, or any corporation,
partnership or other incorporated or unincorporated association which
is organized to, or does, aid or promote the nomination, election
or defeat of any candidate or candidates for Jackson Township municipal
or school board office. "Political organization" includes organizations
defined in N.J.S.A. 19:44A-3 as a "political committee," "joint candidates
committee," "continuing political committee," "political party committee,"
or "candidate committee" and which aid or promote the nomination,
election or defeat of any candidate or candidates for Jackson Township
municipal or school board office.
All real or personal property owned, leased or controlled
by the Township of Jackson.
To ask for, by oral or written communication, a contribution
as defined herein.
A.Â
Prohibition against soliciting or accepting political contribution
in rooms or buildings occupied in the discharge of public duties.
No municipal official, employee or appointee may solicit, commit to
pay or receive payment of or a commitment to pay any political contribution
for any candidate, elected official or political organization while
in any Township room or building occupied in the discharge of official
municipal business. This section shall include solicitation or acceptance
of political contributions made over a private cell phone or by use
of a private computer if the person soliciting or accepting the political
contribution or using the cell phone or computer for purposes of soliciting
or accepting the political contribution is in any Township room or
building occupied in the discharge of official municipal business.
B.Â
Prohibition against use of public property for political fund-raising.
No municipal official, employee or appointee may solicit, commit to
pay or receive payment of or a commitment to pay any political contribution
for any candidate, elected official or political organization while
utilizing public property.
C.Â
Exceptions. In the event Township public facilities are made available
to any group for nongovernmental use, this prohibition shall not be
deemed to prevent fund-raising of any sort among members of such groups
during the time such groups have reserved exclusive use of the Township
facility.
D.Â
Violations and penalties. Violation of any provision of this article
shall be punished by a fine not exceeding $2,000.
As used in this article, the following terms shall have the
meanings indicated:
The list of submission requirements adopted by ordinance
and provided by the municipal agency to a developer pursuant to N.J.S.A.
40:55D-10.3.
Every loan, gift, subscription, advance or transfer of money
or other thing of value, including any item of real property or personal
property, tangible or intangible (but not including services provided
without compensation by individuals volunteering a part or all of
their time on behalf of a candidate, committee or organization), made
to or on behalf of any candidate, candidate committee, joint candidates
committee, political committee, continuing political committee or
political party committee and any pledge, promise or other commitment
or assumption of liability to make such transfer. For purposes of
reports required under the provisions of the ordinance, any such commitment
or assumption shall be deemed to have been a contribution upon the
date when such commitment is made or liability assumed.
A list specifying the amount, date and the recipient of any
and all contributions made to or on behalf of any candidate, candidate
committee, joint candidates committee, political committee, continuing
political committee or political party committee of, or pertaining
to, this municipality, made up to one-year prior to filing the variance
application and/or during the pendency of the application process,
and required to be reported pursuant to N.J.S.A. 19:44A-1 et seq.
A developer as defined by N.J.S.A. 40:55D-4, i.e., the legal
or beneficial owner or owners of a lot or of any land proposed to
be included in a proposed development, including the holder of an
option or contract to purchase, or other person having an enforceable
proprietary interest in such land.
Any person or entity whose principals are required to be
licensed by New Jersey law and who supplies legal representation,
expert testimony or written reports in support of an application.
Professionals shall include both any individuals supplying the representation,
testimonies or reports and the firms or entities in which said individuals
practice.
A.Â
Disclosure requirements.
(1)Â
Any applicant for a variance pursuant to N.J.S.A. 40:55D-70d, or
a variance pursuant to N.J.S.A. 40:55D-70c in conjunction with any
application for a subdivision not considered a minor subdivision pursuant
to local ordinance, or a site plan not considered a minor site plan
pursuant to local ordinance, as well as any application for a subdivision
not considered a minor subdivision pursuant to local ordinance, or
site plan not considered a minor site plan pursuant to local ordinance
requiring waivers or exceptions pursuant to N.J.S.A. 40:55D-51, shall,
for applications made after the effective date of this article, include
in the application contribution disclosure statements for all developers,
all associates of said developers who would be subject to disclosure
pursuant to N.J.S.A. 40:55D-48.1 or 40:55D-48.2 and all professionals
who apply for or provide testimony, plans or reports in support of
said variance and who have an enforceable proprietary interest in
the property or development which is the subject of the application
or whose fee, in whole or part, is contingent upon the outcome of
the application. Regardless of whether the owner of the property which
is the subject of the variance application falls in any of the categories
established in the preceding sentence, the applicant shall include
in the application a contribution disclosure statement for said owner.
(2)Â
During the pendency of the application process for applications made
after the effective date of this article, until final site plan approval
is granted, any applicant required to comply with this article shall
amend its contribution disclosure statements to include continuing
disclosure of all contributions within the scope of disclosure requirement
of the above subsection.
B.Â
Inclusion of contribution disclosure statements as an element of
the application checklist.
(1)Â
An application checklist is hereby adopted pursuant to N.J.S.A. 40:55D-10.3 to require that the contribution disclosure statements specified in Subsection A of this section shall be submitted by the applicant for all applications for variance relief pursuant to N.J.S.A. 40:55D-70d as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance.
(2)Â
The Municipal Planning Board and Board of Adjustment shall amend its application checklist for variances pursuant to N.J.S.A. 40:55D-70d as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance to include the contribution disclosure statements specified in Subsection A of this section.
(3)Â
An application shall not be deemed complete by the administrative
official or accepted for public hearing by the municipal agency until
the required contribution disclosure statements are submitted.
C.Â
Availability of the disclosure statement. All contribution disclosure
statements shall be available in the office of the administrative
officer for review by any member of the public.
D.Â
Intent of the disclosure statement. It is the intent of this article
that the disclosure statement shall serve to inform the public and
not serve as evidence relevant to the decision criteria for variance
applications pursuant to N.J.S.A. 40:55D-70d as well as for relief
pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications
for site plan and subdivision approval not considered to be minor
site plans or minor subdivisions pursuant to local ordinance.
