[Adopted 11-16-2004 by Ord. No. 2004-88]
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-l 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
he 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.
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 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)
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.
Inclusion of contribution disclosure statements as
an element of the application checklist.
(1)
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)
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)
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 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.
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 NJ.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.