[Added 12-18-2006 by Ord. No. 2006-38]
A.
Any other provision of law to the contrary notwithstanding,
the Borough of South River or any of its purchasing agents or agencies
or those of its independent authorities, as the case may be, shall
not enter into an agreement, amend an agreement, or otherwise contract
with any redeveloper for the planning, replanning, construction or
undertaking or any redevelopment project, including the acquisition
or leasing of any public property in conjunction with the redevelopment
of any area within the Borough of South River pursuant to the Local
Redevelopment and Housing Law, if that redeveloper has made any contribution
of money or pledge of a contribution, including in-kind construction,
during the applicable time period as specified below, to a campaign
committee of any South River Borough candidate or holder of public
office within the Borough of South River having responsibility for
arranging, entering into, or approving the redevelopment agreement,
or for appointing those who enter into the agreement on behalf of
the Borough of South River or to any municipal political campaign
committee, or to any county party committee, or to any political action
committee which regularly engages in the support of municipal elections
and/or municipal parties or which engages in the support of Borough
of South River municipal campaigns (PAC). For purposes of this section,
the "applicable time period" shall be defined as the time period between
the date that the property which is the subject of the redevelopment
project has been included in a memorializing resolution adopted by
the governing body directing the Planning Board to conduct a preliminary
investigation to determine if the site is in need of redevelopment
pursuant to and in accordance with the New Jersey Local Redevelopment
and Housing Law, N.J.S.A. 40A:12A-1 et seq., and the date of entering
into the redevelopment agreement, or the 12 months prior to entering
into the agreement, whichever is shorter.
B.
All redevelopment agreements or amendments thereto entered into by the Borough of South River shall contain a provision prohibiting redevelopers as defined in Subsection C from soliciting or making any contribution of money or pledge of a contribution, including in-kind contributions, to any South River Borough candidate or holder of public office within the Borough of South River having responsibility for arranging, entering into, or approving the redevelopment agreement or for appointing those who enter into the agreement on behalf of the Borough of South River or to any South River Borough political campaign committee, or to any South River Borough or county party committee, or to any political action committee which regularly engages in the support of municipal elections and/or municipal parties or which engages in the support of South River Borough municipal campaigns (PAC), between the time of first communication between that redeveloper and the municipality regarding a redevelopment project and the later of the termination of negotiations or the completion of all matters specified in the redevelopment agreement.
C.
As defined in N.J.S.A. 40A:12A-3, a "redeveloper"
means any person, firm, corporation or public body that shall enter
into or propose to enter into a contract with a municipality or other
redevelopment entity for the redevelopment or rehabilitation of an
area in need of redevelopment, or an area in need of rehabilitation,
or any part thereof, under the provisions of this article, or for
any construction or other work forming part of a redevelopment or
rehabilitation project. For the purpose of this article the definition
of a redeveloper includes all principals who own 10% or more of the
equity in the corporation or business trust, partners and officers
in the aggregate employed by the provider as well as any affiliates
or subsidiaries directly controlled by the redeveloper. Spouses and
adult children at home shall also be included.
D.
For the purposes of this section, the office that
is considered to have responsibility for arranging and entering into
the redevelopment agreement under the Act shall be:
(1)
The Borough Council of the Borough of South River
if the redevelopment agreement requires approval or appropriation
from the Council or a public officer who is responsible for arranging
and entering into the redevelopment agreement if that public officer
is appointed by Council; or
(2)
The Mayor of South River if the redevelopment agreement
requires the approval of the Mayor or a public officer which is responsible
for arranging and entering into the redevelopment agreement if that
public officer is appointed by the Mayor; or
(3)
A designated redevelopment entity, if the redevelopment
agreement requires the approval of the redevelopment entity.
No contribution of money or any other thing
of value, including in-kind contributions, made by a redeveloper to
any Borough of South River candidate for Mayor, Borough Council or
Borough of South River political campaign committee shall be deemed
a violation of this article nor shall an agreement for redevelopment
projects of any kind whatsoever be disqualified thereby if that contribution
or agreement was made by the redeveloper prior to the effective date
of this article.
A.
It shall be the municipality's continuing responsibility
to give notice of this article when the municipality gives notice
of redevelopment pursuant to N.J.S.A. 40A:12A-6 and when the municipality
adopts a resolution directing the Planning Board to prepare a redevelopment
plan and at the time that the municipality adopts the ordinance to
implement the redevelopment plan.
B.
Prior to arranging and entering into the redevelopment agreement with any redeveloper, the Borough of South River or any of its purchasing agents or agencies or independent authorities, as the case may be, shall receive a sworn statement from the redeveloper that the redeveloper has not made any contribution in violation of § 68-74A above. Furthermore, the redeveloper shall have a continuing duty to report any violation of this article that may occur while arranging and entering into the redevelopment agreement, and until all specified terms of the agreement have been completed. The sworn statement required under this subsection shall be made prior to entry into the agreement with the municipality and shall be in addition to any other certifications that may be required by any other provision of law.
A.
The contribution and disclosure requirements in this
article shall apply to all redevelopers as well as professionals,
consultants or lobbyists contracted or employed by the business entity
ultimately designated as the redeveloper to provide services related
to:
(1)
Lobbying of government officials in connection with
the examination of an area and its designation as an area in need
of redevelopment or in connection with the preparation, consultation
and adoption of the redevelopment plan;
(2)
Obtaining the designation or appointment as redeveloper;
(3)
Negotiating the terms of a redevelopment agreement
or any amendments or modifications thereto; and/or
(4)
Performing the terms of a redevelopment agreement.
B.
It shall be a breach of the consultant's contract,
and shall require immediate termination, for a consultant to violate
the contribution limits and/or disclosure requirements in this article.
C.
A redeveloper who participates in, or facilitates,
the circumvention of the contribution restrictions through consultants
or professionals shall be deemed to be in breach.
A developer or municipal candidate or office holder or municipal or County party committee or PAC referenced in this article may cure a violation of § 68-74 and deemed not to be breach if, within 30 days after the cited violation, the redeveloper notifies the Municipal Council in writing and seeks and receives reimbursement of a contribution from the municipal candidate or municipal or County political party or PAC referenced in this article.
A.
It shall be a breach of the terms of the Borough of
South River Redevelopment Agreement for a redeveloper to:
(1)
Make or solicit a contribution in violation of this
article;
(2)
Knowingly conceal or misrepresent a contribution given
or received;
(3)
Make or solicit contributions through intermediaries
for the purpose of concealing or misrepresenting the source of the
contribution;
(4)
Make or solicit any contribution on the condition
or with the agreement that it will be contributed to a campaign committee
of any candidate or holder of the public office of the Borough of
South River;
(5)
Engage or employ a lobbyist or consultant with the
intent or understanding that such lobbyist or consultant would make
or solicit any contribution which, if made or solicited by the redeveloper
itself, would subject that entity to the restrictions of this article;
(6)
Fund contributions made by third parties, including
consultants, attorneys, family members, and employees;
(7)
Engage in any exchange of contributions to circumvent
the intent of this article; or
(8)
Directly or indirectly, through or by any other person
or means, do any act which would subject that entity to the restrictions
of this article.
