[Added 3-13-2007 by Ord. No. 07-06]
The purpose of this article is to prohibit the
awarding or authorizing of any redevelopment agreement by any redeveloper
who makes or has made certain political contributions.
The following terms shall have the following
definitions as used in this article:
Any natural or legal person, business corporation, professional
services corporation, limited liability company, partnership, limited
partnership, business trust, association or any other legal commercial
entity organized under the laws of this state or of any other state
or foreign jurisdiction. Any subsidiary directly or indirectly controlled
by any entity shall be considered the same entity for all purposes
under this article.
The ownership or control of 10% or more of the profits or
assets of an entity or 10% or more of the stock of a corporation.
When an entity is other than a natural person, the following persons
shall be also deemed to hold an "interest" in the entity: any principal,
partner, officer or director of the entity and the spouse of any principal,
partner, officer or director.
The Borough of Garwood.
Any entity which enters into or proposes to enter into a
redevelopment agreement pursuant to the Local Redevelopment and Housing
Law, N.J.S.A. 40A:12A-1 et seq., in which the municipality agrees
to sell or convey any real property to a redeveloper or in which the
municipality agrees to exercise any right to eminent domain pursuant
to the Eminent Domain Act, N.J.S.A. 20:3-1 et seq.
Neither the Borough of Garwood nor any redevelopment
entity created by the Mayor and Council of the Borough of Garwood
pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1
et seq., shall enter into any redevelopment agreement with any redeveloper
if, during the preceding one-year period, that redeveloper has made
a contribution that is reportable by the recipient under L. 1973,
c.83 (N.J.S.A. 19:44A-1 et seq.), to any municipal committee of a
political party in the municipality or to any candidate committee
of any person serving in or seeking any elective public office of
the municipality. No redeveloper that has entered into a redevelopment
agreement shall make such a contribution, reportable by the recipient
under L. 1973, c. 83 (N.J.S.A. 19:44A-1 et seq.) to any municipal
committee of a political party in the municipality or to any candidate
committee of any person serving in or seeking any elective public
office of the municipality during the term of that redevelopment agreement
and until such time as a certificate of completion of the redevelopment
project has been issued. No such committee shall accept such a contribution
from a redeveloper during the time set forth above.
When a redeveloper is a natural person, a contribution by that person's spouse or child, residing in the same household, shall be deemed to be a contribution by the redeveloper. When a redeveloper is other than a natural person, a contribution by any person or entity having an interest therein, as defined in § 130-8, shall be deemed to be a contribution by the redeveloper.
Prior to awarding or authorizing any redevelopment
agreement, the municipality shall require the redeveloper to which
the contract is to be awarded or authorized to provide a written certification
that it has not made a contribution that would bar the redevelopment
agreement pursuant to this article.
If a redeveloper or any person or entity with
an interest in the redeveloper makes a contribution that would cause
the redeveloper to be ineligible to enter into a redevelopment agreement
with the municipality or, in the case of a contribution made during
the term of a redevelopment agreement, that would constitute a violation
of this article, the redeveloper or person or entity making the contribution
may request, in writing, within 60 days of the date on which the contribution
was made, that the recipient thereof repay the contribution and, if
repayment is made within those 60 days, the redeveloper would again
be eligible to enter into a redevelopment agreement or would no longer
be in violation of this article, as appropriate.
The municipality shall not enter into any redevelopment
agreement with any redeveloper until and unless the redeveloper has
been provided with a copy of this article. The Municipal Clerk is
authorized and directed to provide a copy of this article to any redeveloper
prior to the awarding or authorizing of any redevelopment agreement.
Any redeveloper who violates the provisions
of this article shall be liable for a fine of up to $1,500, or imprisonment
for a period of up to 90 days, or up to 90 days of community service.
Additionally, this article shall be deemed to be an integral part
of every redevelopment agreement hereafter entered into by the Borough
of Garwood. Violation of the provisions of this article shall be deemed
a breach of any redevelopment agreement by the redeveloper.
