[HISTORY: Adopted by the Mayor and Township Council of the Township
of North Brunswick 5-17-2004 by Ord. No. 04-11.
Amendments noted where applicable.]
A.
Whereas municipal master plans include well-thought-out,
long-term decisions about the development capacity of community; and
B.
Whereas municipal master plans are implemented through
the enactment of local land use ordinances; and
C.
Whereas deviations from these local ordinances by way
of variances pursuant to N.J.S.A. 40:550-70(d) and N.J.S.A. 40:550-70(c) as
well as exceptions and waivers pursuant to N.J.S.A. 40:55D-51 provide opportunities
for significant private gain; and
D.
Whereas openness in government and a fair and impartial
variance, waiver and exception application process is crucial to assuring
the continuing integrity of the municipal Master Pan, its implementing ordinances
and the integrity of the variance application process; and
E.
Whereas disclosure of political contributions by property
owners, developers and professionals will enhance the Township's existing
commitment to openness in government and provide further guarantees for a
fair and impartial variance, waiver and exception application process; and
F.
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;
G.
Therefore, it is accordingly found and determined that
the paramount public interest in enhancing the Township's commitment
to openness in government, in providing further guarantees for a fair and
impartial variance, waiver and exception 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 variances, waivers and exceptions.
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 municipal agency to a developer pursuant to N.J.S.A. 40:550-10.3.[1]
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 or candidate
committee, joint candidates committee or 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 dots 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.
Disclosure requirements:
(1)
Any applicant for a variance pursuant to N.J.S.A. 40:55D-70(d)
or a variance pursuant to N.J.S.A. 40:55D-70(c) 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 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 represent any such developer or provide testimony, plans, or reports in
support of said variance waiver or exception 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 in 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 application shall include in the application a contribution
disclosure statement for said owner.
(2)
During the pendency of the application process until
final site plan approval is granted, any person required to comply with this
chapter shall amend its contribution disclosure statements to include continuing
disclosure of all contributions within the scope of the disclosure requirement
of the above paragraph.
B.
Inclusion of contribution disclosure statements as an
element of the application checklist.
(1)
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 Subsection A of this section be submitted by the applicant for all applications for variance relief pursuant to N.J.S.A. 40:55D-70(d) as well as for relief pursuant to N.J.S.A. 40:55D-70(c) 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-70(d) as well as for relief pursuant to N.J.S.A. 40:55D-70(c) 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 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-70(d) as well as for relief pursuant to N.J.S.A.
40:550-70(c) 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.
