[Added 2-21-2019 by Ord. No. 19-07]
The purpose of this Part 15 shall be as follows:
A. 
To foster fair and open competition in the redevelopment process;
B. 
To ensure public confidence in the exercise of the Township's redevelopment authority as conferred by the Local Redevelopment and Housing Law ("LRHL"), N.J.S.A. 40A:12A-1 et seq.;
C. 
To avoid the appearance of impropriety that can arise when the timing between political contributions and contracting with redevelopers seeking agreements under the LRHL closely coincide; and
D. 
To ensure that the substantial powers conferred on the Township by the LRHL are exercised in a manner free of outside influence and in the best interest of the residents of the Township.
As used in this Part 15, the following terms shall have the meanings indicated:
AGREEMENT
Any agreement, contract or other instrument incorporated and executed pursuant to any provision of the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., including, but not limited to, redeveloper agreements pursuant to N.J.S.A. 40A:12A-9 and payments in lieu of taxes pursuant to N.J.S.A. 40A:12A-40. The term "agreement" shall also be defined as long-term tax abatements pursuant to N.J.S.A. 40A:21-1 and short-term tax abatements pursuant to N.J.S.A. 40A:22-1.
CANDIDATE
A. 
An individual seeking election to a public office of the state or of a county, municipality or school district at an election, except that the term shall not include an individual seeking party office;
B. 
An individual who shall have been elected or failed of election to an office, other than a party office, for which he sought election and who receives contributions and makes expenditures for any of the purposes authorized by Section 17 of N.J.S.A. 19:44A-11.2 during the period of his service in that office; and
C. 
An individual who has received funds or other benefits or has made payments solely for the purpose of determining whether the individual should become a candidate as defined in Subsections A and B of this definition.
CONTRIBUTION
Includes all loans and transfers of money or other thing of value to any candidate, candidate committee, joint candidates committee, political committee, continuing political committee, political party committee or legislative leadership committee and all pledges or other commitments or assumptions of liability to make any such transfer; and for purposes of reports required under the provisions of this Part 15 shall be deemed to have been made upon the date when such commitment is made or liability assumed.
MUNICIPAL OFFICE
Mayor of the Township of Bridgewater and/or member of the Township Council of the Township of Bridgewater, and "candidate for municipal office" shall be defined as a candidate for one of the aforementioned offices.
POLITICAL PARTY COMMITTEE
The state committee of a political party, as organized pursuant to N.J.S.A. 19:5-4, any county committee of a political party, as organized pursuant to N.J.S.A. 19:5-3, or any municipal committee of a political party, as organized pursuant to N.J.S.A. 19:5-2.
REDEVELOPER
Any person, firm, corporation, limited-liability entity, partnership, sole proprietorship, or any other business entity howsoever incorporated, or public body that shall enter into or propose to enter into a contract or enter into an agreement (as defined in this Part 15) with the Township 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 N.J.S.A. 40A:12A-1 et seq., the Local Housing and Redevelopment Law, or for any construction or other work forming part of a redevelopment or rehabilitation project. The term "redeveloper" shall also include any person or individual holding a ten-percent or greater ownership stake in any business entity, howsoever constituted, that shall enter into or propose to enter into a contract or agreement as contemplated herein. The term "redeveloper" shall also include any principle, partner, or officer of any business entity, howsoever constituted, that shall enter into or propose to enter into a contract or agreement as contemplated herein.
REDEVELOPMENT
The clearance, replanning, development and redevelopment; the conservation and rehabilitation of any structure or improvement, the construction and provision for construction of residential, commercial, industrial, public or other structures and the grant or dedication of spaces as may be appropriate or necessary in the interest of the general welfare for streets, parks, playgrounds, or other public purposes, including recreational and other facilities incidental or appurtenant thereto, in accordance with a redevelopment plan.
REDEVELOPMENT PROJECT
Any work or undertaking pursuant to a redevelopment plan; such undertaking may include any buildings, land, including demolition, clearance or removal of buildings from land, equipment, facilities, or other real or personal properties which are necessary, convenient, or desirable appurtenances, such as but not limited to streets, sewers, utilities, parks, site preparation, landscaping, and administrative, community, health, recreational, educational, and welfare facilities.
TOWNSHIP
The Township of Bridgewater in the County of Somerset, State of New Jersey, and any of its independent agencies or instrumentalities.
A. 
The Township shall not enter into an agreement or otherwise contract with any redeveloper for the planning, replanning, construction or undertaking of any redevelopment project, including the conveyance or leasing of any public property in conjunction with the redevelopment of an area within the Township, pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., if that redeveloper has made any contribution of money, or pledge of a contribution, including in-kind contributions, to any candidate for municipal office in the Township of Bridgewater, or to any Bridgewater Township municipal or Somerset County political party committee in excess of the threshold specified in this Part 15 within one calendar year immediately preceding the commencement of negotiations for the contract or agreement.
B. 
No redeveloper that enters into negotiations for, or agrees to, any contract or agreement with the Township for the planning, replanning, construction or undertaking of any redevelopment project, including the conveyance or leasing of any public property in conjunction with the redevelopment of an area within the Township, pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., shall knowingly make any contribution of money, or pledge of contribution, including in-kind contributions, to any candidate for municipal office in the Township of Bridgewater, or to any Bridgewater Township municipal or Somerset County political party committee, between the time of the first communications between that redeveloper and the Township regarding a specific contract or agreement and the later of the termination of negotiations or the completion of the contract or agreement.
C. 
No redeveloper that enters into negotiations for, or agrees to, any contract or agreement with the Township for a payment in lieu of taxes agreement pursuant to N.J.S.A. 40A:12A-40, a long-term tax abatement pursuant to N.J.S.A. 40A:21-1, a short-term tax abatement pursuant to N.J.S.A. 40A:22-1, or any other agreement, contract or instrument intended to alter the tax obligation or liability of redevelopment project shall knowingly make any contribution of money, or pledge of contribution, including in-kind contributions, to any candidate for municipal office in the Township of Bridgewater, or to any Bridgewater Township municipal or Somerset County political party committee, from the time of referral of the redevelopment project, or any portion or element thereof, by the governing body to the Planning Board of the Township of Bridgewater pursuant to N.J.S.A. 40A:12A-4(a)(1) until such time the rights and obligations or any agreement executed hereunder have been discharged.
D. 
Any individual or entity meeting the definition of "redeveloper" under this Part 15 may annually contribute a maximum of $300 each for any purpose to any candidate for municipal office in the Township of Bridgewater, or to any Bridgewater Township municipal or Somerset County political party committee, without violating Subsections A, B, or C of § 126-378 of the Code of the Township of Bridgewater. In addition, any group of individuals meeting the definition of "redeveloper' under this Part 15, including such principals, partners and officers of the redeveloper, in the aggregate, may not annually contribute for any purpose in excess of $900 to all candidates for municipal office in the Township of Bridgewater, or to any Bridgewater Township municipal or Somerset County political party committee, without violating Subsections A, B, or C of § 126-378 of the Code of the Township of Bridgewater.
E. 
The limitations set forth in this Part 15 shall not apply in the event the subject agreement is awarded to the redeveloper after public bidding undertaken in accordance with the Local Public Contracts Law, N.J.S.A. 40A:1-1 et seq., or the Local Lands and Buildings Law, N.J.S.A. 40A:12-1 et seq.
F. 
No contribution of money or any other thing of value, including in-kind contributions, made by a redeveloper to any candidate for municipal office in the Township of Bridgewater or to any Bridgewater Township municipal or Somerset County political party committee shall be deemed a violation of this Part 15, nor shall an agreement for a redevelopment project, of any kind whatsoever, be disqualified thereby, if that contribution was made by the redeveloper prior to the introduction date of this Part 15.
G. 
A redeveloper, candidate for municipal office in the Township of Bridgewater, Bridgewater Township municipal or Somerset County political party committee may cure a violation of this Part 15 if, within 30 days of the receipt of the contribution by the candidate for municipal office in the Township of Bridgewater, Bridgewater Township municipal or Somerset County political party committee, the redeveloper notifies the Township Council of the Township of Bridgewater, in writing, and seeks and receives reimbursement of the contribution for the candidate for municipal office in the Township of Bridgewater, Bridgewater Township municipal or Somerset County political party committee who received the contribution within the aforementioned thirty-day period.
A. 
Prior to entering into or approving any agreement with any redeveloper, the Township shall receive a sworn statement from the redeveloper made under penalty of perjury that the redeveloper has not made any contributions in violation of this Part 15.
B. 
The redeveloper shall have a continuing duty to report any violation of this subsection that may occur during the negotiations or duration of the any agreement as defined in this Part 15. The statement required under this subsection shall be made prior to entry into the redevelopment agreement with the Township and shall be in addition to any other statement or certifications that may be required by law.
A. 
All Township agreements subject to the limitations set forth in this Part 15 shall provide that it shall be a breach of the terms of the agreement for a redeveloper to violate this Part 15 or to knowingly conceal or misrepresent contributions given or received, or to make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
B. 
Any redeveloper who knowingly fails to reveal a contribution made in violation of this Part 15, or that knowingly makes or solicits contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contributions, shall be disqualified from eligibility for future Township redevelopment agreements for a period of four calendar years from the date of the determination of the violation.