[Added 7-5-2000 by Ord. No. 0-5-00]
This article shall be known as the "Contribution Disclosure
Ordinance."
Whereas, municipal Master Plans include well thought out, long-term
decisions about the development capacity of community; and whereas,
municipal Master Plans are implemented through the enactment of local
land use ordinances; and whereas, deviations from these local ordinances
by way of variances pursuant to N.J.S.A. 40:55D-70d provide opportunities
for significant private gain; and whereas, openness in government
and a fair and impartial variance application process are crucial
to assuring the continuing integrity of the municipal Master Plan,
its implementing ordinances and the integrity of the variance application
process; and whereas, disclosure of political contributions by property
owners, developers and professionals will enhance the City's existing
commitment to openness in government and provide further guaranties
for a fair and impartial variance application process; and whereas,
disclosure of political contributions by property owners, developers
and professionals will effectuate the purposes of the Municipal Land
Use Law to promote morals and the general welfare; therefore, it is
accordingly found and determined that the paramount public interest
in enhancing the City's commitment to openness in government, in providing
further guaranties for a fair and impartial variance application process
and in promoting morals and the general welfare through the integrity
of the municipal planning process requires the supplementation of
the municipal application checklist to mandate the listing of specified
political contributions made by property owners, developers and the
professionals whose services they use in applications for major zoning
variances.
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 section, 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.
Any applicant for a variance pursuant to N.J.S.A. 40:55D-70d shall
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.
B.
During the pendency of the application process until final site plan
approval is granted, any applicant for a variance pursuant to N.J.S.A.
40:55D-70d shall amend its contribution disclosure statements to include
continuing disclosure of all contributions within the scope of disclosure
requirement of the above subsection.
A.
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 § 380-87 of this article be submitted by the applicant for a variance pursuant to N.J.S.A. 40:55D-70d.
B.
The Municipal Planning Board shall amend its Application Checklist for variances pursuant to N.J.S.A. 40:55D-70d to include the contribution disclosure statements specified in § 380-87 of this article.
C.
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.
All contribution disclosure statements shall be available in
the office of the administrative officer for review by any member
of the public.
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.
