[Adopted 3-23-2005 by Ord. No. 05-2005]
This article shall be known and may be cited
as the "Contribution Disclosure Ordinance."
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.
The Borough of Atlantic Highlands as a municipal entity,
any elected official, officer, employee, agent, department, board
or commission of the Borough of Atlantic Highlands.
Any contribution to an Atlantic Highlands political campaign,
Monmouth County political campaign, and/or pass-through campaign contribution
as defined herein, whether in the form of money, service (with or
without compensation), or pledge, 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 including
without limitation, any in-kind contributions, or purchases of tickets,
advertisements or the like, directly or indirectly, made to or on
behalf of any candidate, candidate committee, joint candidates committee,
political committee, continuing political committee, political party
committee, or any elected or appointed official. "Campaign contribution"
also includes any pledge, promise or other commitment or assumption
of liability to make such transfer. For purposes of reports required
under the provisions of this article, 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 campaign 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. The contribution disclosure statement shall be provided as
a required document with any application for a major zoning variance
application.
A developer as defined by N.J.S.A. 40:55D-4; "developer"
shall mean any individual or entity who makes any application to the
Borough's Planning Board for any subdivision, site plan approval or
variance relief, regardless of how minor; or who owns or is the contract
purchaser of any property that is the subject of any such application,
or who owns or is the contract purchaser of any property located within
a designated redevelopment area, regardless of whether the property
has been specifically designated as being in need of redevelopment;
or who engages directly or indirectly in negotiations with the Borough
relating to, or has in fact entered into, a developer's agreement
pursuant to any redevelopment plan or the Municipal Land Use Law,
or who owns or is the contract purchaser of, any property that is
the subject of, or would directly be affected by a proposed change
in zoning or of the Master Plan, and in the case of a developer who
is an individual, his or her spouse and any child living at home,
and any entities of which any of them are principals holding a 5%
or greater interest; and in the case of a developer that is an entity,
the term shall also include each and every principal of the said entity
who has an ownership interest in excess of 5% in the entity, or in
any parent or subsidiary of the entity, and their spouses, if any,
and any child living at home.
Any agreement entered into between a developer and the Borough
relating to an application or plan to develop or redevelop property
within the Borough of Atlantic Highlands.
Any application for development pending before the Borough
Planning Board of the Borough, any application or proposal to change
the Borough's zoning regulations or Master Plan, or any proposed development
pursuant to a redevelopment plan, or any developer's agreement. With
respect to a developer, the term "relating to a development matter"
shall mean that the developer is the applicant, owner or contract
purchaser of property that is the subject of an application for development
pending before the Borough Planning Board of the Borough, or of any
application or proposal to change the Borough's zoning regulations
or Master Plan, or of any application for development pursuant to
a redevelopment plan or otherwise a party to any developer's agreement.
With respect to a development professional, the term "relating to
a Development Matter" shall mean that the development professional
has rendered or is rendering professional services for a developer
in connection with that development matter.
Any licensed professional, including but not limited to attorneys,
architects, engineers, surveyors and planners, or any entity that
provides such professional services, who is representing a developer
or who has performed professional services for a developer relating
to a development matter in the Borough of Atlantic Highlands, and
any principal owning not less than a 5% interest in the entity.
Any corporation, professional corporation, joint venture,
general or limited partnership, trust or limited liability company,
or subsidiary or parent of any of the foregoing;.
The combined Zoning Board of Adjustment and Planning Board,
which is referred to in the Borough of Atlantic Highlands as the "Planning
Board."[1]
Any plan, or amendment thereto, adopted by ordinance of the
Mayor and Council pursuant to and in accordance with Redevelopment
and Housing Law, Chapter 79, P.L. 1992.
A.
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-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 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 development 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.
B.
During the pendency of the application process 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.
C.
Contribution disclosure statements as defined in § 55-2 shall be included as an element of the application checklist submitted with an application 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.
D.
An application shall not be deemed complete by the
administrative official or accepted for public hearing by the Borough
until the required contribution disclosure statements are submitted.
E.
All contribution disclosure statements shall be available
in the office of the Planning Board Secretary for review by any member
of the public.
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-70(d) 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.
