[Added 8-24-2010 by Ord. No. 10-12]
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 Borough of Garwood.
Any person, firm, corporation or public body that shall enter
into or propose to enter into a contract with the 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 reconstruction or other work forming part of a redevelopment or
rehabilitation project. The term "redeveloper" shall not include any
person, firm, corporation or public body that shall enter into a developer's
agreement pursuant to any resolution of the Planning Board of the
Borough of Garwood, provided no tax exemption or abatement shall have
been granted or shall be granted in connection with the project which
is the subject matter of the developer's agreement.
A.
Any other provision of law to the contrary notwithstanding, the municipality
or any of its purchasing agents or agencies or those of its independent
entities, 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 of any redevelopment project,
including the acquisition or leasing of any public property in conjunction
with the redevelopment of any area within the municipality pursuant
to the Local Redevelopment and Housing Law,[1] if that redeveloper has made any contribution of money
or pledge of a contribution, including in-kind contributions, during
the applicable time period as specified below, to a campaign committee
of any Garwood candidate or holder of public office within the municipality
having responsibility for arranging, entering into, or approving the
redevelopment agreement, or for appointing those who enter into the
agreement on behalf of the municipality; or to any municipal political
campaign committee, or to any Union County party committee or to any
political action committee which regularly engages in the support
of Garwood 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.
[1]
Editor's Note: See N.J.S.A. 40A:12A-1 et seq.
B.
All redevelopment agreements with redevelopers or amendments thereto entered into by the municipality shall contain a provision prohibiting redevelopers, as defined in § 130-15, to solicit or make any contribution of money or pledge of a contribution including in-kind contributions, to any Garwood candidate or holder of public office within the municipality having responsibility for arranging, entering into, or approving the redevelopment agreement, or for appointing those who enter into the agreement on behalf of the municipality; or to any Garwood political campaign committee, or to any Garwood or Union 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 Garwood 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.
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 Garwood Borough Council 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 the Borough Council; or
(2)
The Mayor of Garwood if the redevelopment agreement requires the
approval of the Mayor or a public officer who 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 candidate for
Mayor or Borough Council or political campaign committee of the Borough
of Garwood 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 municipality 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 § 130-16A 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 certification 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 redeveloper or municipal candidate or officeholder or municipal or county party committee or PAC referenced in this article may cure a violation of § 130-16 of this article if, within 30 days after the date on which the applicable ELEC Report is published, the redeveloper notifies the Borough 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 any redevelopment agreement
with a redeveloper 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 Garwood;
(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.
