[Former Section 2-76, Award of Public Contracts, was repealed 12-20-2023 by Ord. No.
2023-44. Prior history includes Ord. No. 2969; Ord. No. 2681.]
[Ord. No. 2680 Preamble]
It is accordingly found and determined that the paramount public
interest in enhancing the City's commitment to openness in government,
and in providing further guarantees for a fair and impartial variance,
waiver and exception application process, and in promoting morals
and the general welfare, requires the disclosure of political contributions
by property owners, developers, redevelopers and professionals within
the City as a component of making application to the City for certain
approvals, and requires the supplementation of the municipal application
checklists to mandate the listing of specified political contributions
made by property owners, developers, redevelopers and the professionals
whose services they use.
[Ord. No. 2680 § 1]
APPLICATION CHECKLIST
shall mean the list of submission requirements adopted by
ordinance and provided by municipal agencies to a developer pursuant
to N.J.S.A. 40:55D-10.3.
CONTRIBUTION
shall mean every 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 (but not including services
provided without compensation by individuals volunteering a part or
all of their time on behalf of a candidate, committee or organization),
made to or on behalf of any candidate, candidate committee, joint
candidates committee, political committee, continuing political committee
or political party committee and any pledge, promise or other commitment
or assumption of liability to make such transfer. For purposes of
reports required under the provisions of the section, any such commitment
or assumption shall be deemed to have been a contribution upon the
date when such commitment is made or liability assumed.
CONTRIBUTION DISCLOSURE STATEMENT
shall mean 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, the City of Asbury Park, made prior to filing the application
with or seeking approval from the City, and required to be reported
pursuant to N.J.S.A. 19:44A-1 et seq. The disclosure shall include
all such contributions made during the time period measuring from
one year prior to the last municipal election through the time of
filing the application with or seeking approval from the City. There
shall be a continuing disclosure responsibility to require continuing
disclosure of any such contributions made following the filing of
the "Contribution Disclosure Statement" and during the pendency of
the application and/or approval process.
DEVELOPER
shall mean 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 proposed development, including the holder of an
option or contract to purchase, or other person having an enforceable
proprietary interest in such land. The term "developer" includes any
applicant or entity that wishes to undertake redevelopment activity
within the City of Asbury Park pursuant to the New Jersey Local Redevelopment
and Housing Law, N.J.S.A. 40A:12A-1 et seq.
MUNICIPAL AGENCIES
shall mean the Municipal Planning Board, the Municipal Zoning
Board of Adjustment, and the Municipal Governing Body acting as the
Redevelopment Agency pursuant to the New Jersey Local Redevelopment
and Housing Law, N.J.S.A. 40A:12A-1 et seq.
PROFESSIONAL
shall mean 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.
[Ord. No. 2757, Preamble]
The policy of the City of Asbury Park shall be to create such
a regulation which states that any entity or individual seeking to
enter into a redevelopment agreement or amendment thereto, or who
is otherwise seeking to obtain rights to develop pursuant to an existing
or future redevelopment agreement, who makes political contributions
to City of Asbury Park elected officials or to candidates for elective
office within the City of Asbury Park, or to local or county political
committees, or to any political action committee (PAC) which regularly
engages in the support of municipal elections and/or municipal parties
or which engages in the support of Asbury Park municipal campaigns
and/or municipal parties, will be ineligible to such agreements or
amendments thereto.
[Ord. No. 2757]
No contribution of money or any other thing of value, including
in-kind contributions, made by a redeveloper to a campaign committee
of any City of Asbury Park candidate for public office or holder of
public office having responsibility for arranging, entering into or
approving the redevelopment agreement, or for appointing those who
enter into the agreement on behalf of the City of Asbury Park, or
to any municipal political campaign committee, or to any City of Asbury
Park or Monmouth County party committee, or to any political action
committee (PAC) which regularly engages in the support of municipal
elections and/or municipal parties or which engages in the support
of Asbury Park municipal campaigns and/or municipal parties, shall
be deemed a violation of this section, 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 section.
[Ord. No. 2757]
A redeveloper may cure a violation of Subsection
2-78.2, if, within thirty (30) days after the general election, the redeveloper notifies the City Council in writing and seeks and receives reimbursement of a contribution from the municipal candidate or office holder or the municipal or county political committee or the PAC referenced in this section.