[Added 4-27-2021 by Ord.
No. 2021-16]
a. The provisions of Chapter
14, Article
III, shall be termed the "Affordable Housing Pay-to-Play Ordinance," and shall be governed by the following definitions.
b. The definitions contained in Section
14-2 shall be applicable, except that "developer" shall be defined as provided in Section
14-2 and also include all principals of the developer who own 10% or more of the equity in the corporation or business trust, partners and officers of the developer, any affiliates or subsidiaries directly controlled by the developer, as well as spouses and any children of the foregoing individuals.
c. The definitions contained in N.J.S.A. 19:44A-3 and N.J.A.C. 19:25-1.7
shall be applicable.
d. "Applicable time period" shall be defined as the period dating back
five years prior to the date of inquiry, unless otherwise defined
herein.
[Added 4-27-2021 by Ord.
No. 2021-16]
a. The Township shall not enter into an agreement, amend an agreement,
or otherwise contract with any developer in furtherance of any affordable
housing development if said developer has made any contribution during
the applicable time period to:
1. A candidate, candidate committee, or joint candidates committee of
any candidate for elective municipal office in Holmdel; or
2. Any political committee, political party committee, continuing political
committee, political action committee, political committee, political
parties, or political party committee that regularly engages in and/or
is organized for the purpose of supporting candidate(s) for the governing
body of the Township of Holmdel or any public questions presented
to voters specific to the Township of Holmdel.
b. Any agreement entered into the by the Township with a developer in furtherance of affordable housing development, including, but not limited to, developer's agreements, redevelopment agreements, and affordable housing agreements, shall contain a provision in which the developer certifies that it complies with the provisions of the Affordable Housing Pay-to-Play Ordinance and that the developer will not make any contributions prohibited by Section
14-41a during the period in which the subject agreement remains in effect.
[Added 4-27-2021 by Ord.
No. 2021-16]
a. The provisions of the Affordable Housing Pay-to-Play Ordinance shall
not be applicable to any development of affordable housing committed
to through July 1, 2025, or through the time the Township's third
round judgment of repose and compliance has expired, whichever is
later.
b. The provisions of the Affordable Housing Pay-to-Play Ordinance shall
not be construed as repealing, modifying, or amending Ordinance No.
2020-07 in any way. In case of any conflict between the provisions
of the Affordable Housing Pay-to-Play Ordinance and Ordinance No.
2020-07, the provisions of Ordinance No. 2020-07 shall govern.
c. The provisions of the Affordable Housing Pay-to-Play Ordinance shall
not be applicable to any contribution made prior to the effective
date of same.