[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken 8-11-2004 by Ord. No. DR-152; amended in its entirety 3-2-2011 by Ord. No. Z-89. Subsequent amendments noted where applicable.]
The short title of this chapter is the "Contribution Disclosures
Ordinance."
Municipal Master Plans include well thought out, long-term decisions
about the development capacity of the community.
Municipal Master Plans are implemented through the enactment
of local land use ordinances.
Deviations from these local ordinances by way of variances pursuant
to N.J.S.A. 40:55D-70d and N.J.S.A. 40:55D-70c, as well as exceptions
and waivers pursuant to N.J.S.A. 40:55D-51, provide opportunities
for significant private gain.
The redevelopment process currently underway within the City
of Hoboken also provides opportunities for significant private gain.
Openness in government and a fair and impartial variance, waiver
and exception application process is crucial to assuring the continuing
integrity of the municipal Master Plan, its implementing ordinances
and the integrity of the application process.
Disclosure of political contributions by property owners, developers,
redevelopers and professionals will enhance the City's existing
commitment to openness in government and provide further guarantees
for a fair and impartial application and approval process.
Disclosure of political contributions by property owners, developers,
redevelopers and professionals will effectuate the purposes of the
Municipal Land Use Law to promote morals and the general welfare.
The Mayor and City Council of the City of Hoboken, having considered
the foregoing, believe that it is in the best interests of the residents
of the City of Hoboken to enact the within chapter.
It is accordingly found and determined that the paramount public
interest in enhancing the City's commitment to openness in government,
and in providing further guarantees for a fair and impartial variance,
waiver and exception application process, and in promoting morals
and the general welfare, requires the disclosure of political contributions
by property owners, developers, redevelopers and professionals
within the City as a component of making application to the City for
certain approvals, and requires the supplementation of the municipal
application checklists to mandate the listing of specified political
contributions made by property owners, developers, redevelopers and
the professionals whose services they use.
[Amended 7-20-2011 by Ord. No. Z-116]
Whenever a term used in this section is not herein defined,
the definition found in the New Jersey Campaign Contributions and
Expenditures Report Act, N.J.S.A. 19:44A-1 et seq., or the definitions
found in the regulations promulgated thereunder, known as “Regulations
of the New Jersey Election Law Enforcement Commission,” N.J.A.C.
19:25-1.1 et seq., shall govern, for purposes of this chapter.
The list of submission requirements adopted by ordinance
and provided by municipal agencies 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 chapter, 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, the City of Hoboken, made prior to filing the application with
or seeking approval from the City, and required to be reported pursuant
to N.J.S.A. 19:44A-1 et seq. The disclosure shall include all such
contributions made during the time period measuring from one-year
prior to the last municipal election through the time of filing the
application with or seeking approval from the City. There shall be
a continuing disclosure responsibility to require continuing disclosure
of any such contributions made following the filing of the Contribution
Disclosure Statement and during the pendency of the application and/or
approval process.
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. The term "developer" includes any
applicant or entity that wishes to undertake redevelopment activity
within the City of Hoboken pursuant to the New Jersey Local Redevelopment
and Housing Law, N.J.S.A. 40A:12A-1 et seq.
The Municipal Planning Board, the Municipal Zoning Board
of Adjustment, and the Municipal governing body acting as the Redevelopment
Agency pursuant to the New Jersey Local Redevelopment and Housing
Law, N.J.S.A. 40A:12A-1 et seq.
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.
Disclosure requirements.
(1)
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 any 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 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, as
well as any applicant who wishes to undertake redevelopment activity
within the City of Hoboken pursuant to the New Jersey Local Redevelopment
and Housing Law, N.J.S.A. 40A:12A-1 et seq., shall include in its
application with and/or submit to the relevant municipal agency a
Contribution Disclosure Statement for all developers involved in the
said application; 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 shall
also be subject to this requirement; and all professionals who apply
for or provide testimony, plans, or reports in support of said application
or 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 shall
also be subject to this requirement. Regardless of whether the owner
of the property, which is the subject of the application falls in
any of the categories established in the preceding sentence, the applicant
shall include in its application to the relevant municipal agency
a Contribution Disclosure Statement for said owner.
(2)
During the pendency of the application process until the final approval
associated with the application is granted, any applicant required
to comply with this chapter shall amend its Contribution Disclosure
Statement to include continuing disclosure of all contributions within
the scope of disclosure requirement of the above subsection.
B.
Inclusion of Contribution Disclosure Statements as an element of
the Application Checklist.
(1)
An Application Checklist ordinance 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 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 for relief pursuant to N.J.S.A. 40:55D-51 in applications for site plan and not considered to be minor site plans pursuant to local ordinance, or for approval to undertake redevelopment activity within the City of Hoboken pursuant to the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq.
(2)
The City's municipal agencies shall amend their Application Checklists to include the Contribution Disclosure Statements specified in Subsection A of this section.
(3)
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.
Availability of Contribution Disclosure Statements. All Contribution
Disclosure Statements shall be available in the office of the administrative
officer for review by any member of the public.
D.
Intent of Contribution Disclosure Statements. It is the intent of
this chapter that Contribution Disclosure Statements shall serve solely
as a means to inform the public and shall not serve in any manner
as evidence relevant to the decisionmaking criteria for granting or
denying requested variances or other approvals. Such decisions shall
continue to be governed strictly under the relevant criteria set forth
in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or other
relevant law.
