[HISTORY: Adopted by the Borough Council
of the Borough of Hillsdale 5-11-2004 by Ord. No. 04-13. Amendments noted where
applicable.]
GENERAL REFERENCES
Land use — See Ch. 310.
This chapter shall be known as the "Contribution
Disclosure Ordinance."
The purpose of this chapter is to enhance openness
in government by providing further guarantees for a fair and impartial
variance application process by requiring, via the municipal application
checklist, for applicants to list specified political contributions
made by property owners, developers and the professionals whose service
they use in applications for zoning applications.
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.
40:55D-10.3.
Every loan, gift, subscription, advance or transfer of money
or other things 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 of their
time on behalf of a candidate, committee or organization, made to
or on behalf of any candidate, candidate committee, joint candidates
committees, political committee, continuing political committee or
political party committee and any pledge, promise of other commitment
or assumption of liability to make such transfer. For purposes of
reports required under the provisions of this chapter, 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 four years 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. 19:44-1 et seq.[1]
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 a 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.
[1]
Editor's Note: N.J.S.A. 19:44-1 through 19:44-6 were repealed
by L. 1973, c. 83, § 26, effective 4-24-1973.
A.
Disclosure requirements.
(1)
Any applicant for all types of variances, except for
applications affecting a sole single-family dwelling and/or in the
event the contribution has been made in the amount equal to or less
than $300, shall include in the application contribution disclosure
statement 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
40:44D-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.
[Amended 10-4-2011 by Ord. No. 11-19]
(2)
During the pendency of the application process until
final site plan approval is granted, any applicant for a variance
shall amend its contribution disclosure statements to include continuing
disclosure of all contributions within the scope of disclosure requirements
of the above subsection.
B.
Inclusion of contribution disclosure statements as
an element of the application checklist.
(1)
A contribution disclosure statement shall be submitted
by the applicant for each and every variance application, except for
applications affecting a sole single-family dwelling and/or in the
event the contribution has been made in an amount equal to or less
than $300.
[Amended 10-4-2011 by Ord. No. 11-19]
(2)
The Planning Board and Zoning Board shall amend their
respective application forms and checklists for variances to include
the contribution disclosure statement as specified herein to include
the contribution disclosure statement as specified in this chapter.
(3)
An application shall not be deemed complete by any
administrative official or accepted for public hearing by the municipal
agency or board to which such application is made until the required
contribution disclosure statements are submitted.
(4)
It shall be a condition of approval for each variance,
except for applications affecting a sole single-family dwelling and/or
in the event the contribution has been made in an amount equal to
or less than $400, granted that the applicant certifies that the contribution
disclosure statement submitted at the outset of the application is
complete and up to date.
C.
Availability of the disclosure statement. All contribution
disclosure statements shall be available in the office of the Borough
Clerk for review by any member of the public.
