[HISTORY: Adopted by the Borough Council
of the Borough of Paramus 10-26-1999 by Ord. No. 99-32, effective
1-1-2001. Amendments noted where applicable.]
This chapter shall be known and may be cited
as "Contribution Disclosure Ordinance."
A.
Whereas:
(1)
Municipal master plans include well-thought-out, long-term
decisions about the development capacity of the community; and
(2)
Municipal master plans are implemented through the
enactment of local land use ordinances; and
(3)
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
(4)
Openness in government and a fair and impartial variance
applications 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
(5)
Disclosure of political contributions by property
owners, developers and professionals will enhance the Borough's existing
commitment to openness in government and provide further guaranties
for a fair and impartial variance application process, and
B.
Therefore, it is accordingly found and determined
that the paramount public interest in enhancing the Borough of Paramus'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 creation of this chapter of the Borough
Code and 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 chapter, the following
terms shall have the meanings indicated:
The list of submission requirements adopted by ordinance
and provided by the Borough, through its appropriate officials(s),
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 this chapter, any such commitments
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. 19:25-10.1 to 19:25-10.4.
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 and/or written reports in support of an application.
Professionals shall include both any individuals supplying the representation,
testimonies or reports, as well as the firms or entities in which
said individuals practice and/or are employed.
A.
Any applicant for a variance pursuant to N.J.S.A.
40:55D-70d shall include in the application the following items: 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
to 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
into any of the categories established in the preceding sentence,
the applicant shall include, in the application, a separate contribution
disclosure statement for every owner of the property in question.
B.
During the pendency of the application process and
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.
The Borough's Application Checklist Ordinance, created
pursuant to N.J.S.A. 40:55D-10.3, shall be amended to require contribution
disclosure statements from any and all owners, developers or professionals
applying for or providing testimony, plans or reports in support of
any application for a variance pursuant to N.J.S.A. 40:55D-70d.
B.
The Borough's Zoning Board of Adjustment shall amend
its application checklist to include the contribution disclosure statements
specified in the above subsection.
C.
An application shall not be deemed complete by the
appropriate Borough administrative official or accepted for public
hearing by the Borough's Zoning Board of Adjustment until the required
contribution disclosure statements are submitted.
All contribution disclosure statements shall
be available in the office of the Borough Clerk for review by any
member of the public.
It is the intent of this chapter 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.
