[Former Section 2-76, Award of Public Contracts, was repealed 12-20-2023 by Ord.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]
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.
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.
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.
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.
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.
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. 2680 § 2]
a.
Disclosure Requirements.
1.
Any applicant for a variance pursuant to N.J.S.A. 40:55D-70d 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 of 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, as
well as an applicant who 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., shall include in its
application with and/or submit to the relevant municipal agency a
Contribution Disclosure Statement for all developers involved in the
said application; 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 shall
also be subject to this requirement; and all professionals who apply
for or provide testimony, plans, or reports in support of said application
or 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 shall
also be subject to this requirement. Regardless of whether the owner
of the property which is the subject of the application falls in any
of the categories established in the preceding sentence, the applicant
shall include in its application to the relevant municipal agency
a Contribution Disclosure Statement for said owner.
2.
During the pendency of the application process until the final approval
associated with the application is granted, any applicant required
to comply with this section shall amend its Contribution Disclosure
Statement to include continuing disclosure of all contributions within
the scope of disclosure requirement of the above subsection.
b.
Inclusion of Contribution Disclosure Statements as an Element of
the Application Checklist.
1.
An Application Checklist Ordinance is hereby adopted pursuant to N.J.S.A. 40:55D-10.3 to require that the Contribution Disclosure Statements specified in Subsection a. of this subsection be submitted by the applicant for all applications for variance relief pursuant to N.J.S.A. 40:55D-70d, as well as for relief pursuant to N.J.S.A. 40:55D-70c, or for relief pursuant to 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, or for approval 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.
2.
The City's municipal agencies shall amend their Application Checklists to include the Contribution Disclosure Statements specified in Subsection a. of this subsection.
3.
An application shall not be deemed complete by the administrative
official or accepted for public hearing by the municipal agency until
the required Contribution Disclosure Statements are submitted.
c.
Availability of Contribution Disclosure Statements. All Contribution
Disclosure Statements shall be available in the office of the administrative
officer for review by any member of the public.
d.
Intent of Contribution Disclosure Statements. It is the intent of
this section that Contribution Disclosure Statements shall serve solely
as a means to inform the public and shall not serve in any manner
as evidence relevant to the decision-making criteria for granting
or denying requested variances or other approvals. Such decisions
shall continue to be governed strictly under the relevant criteria
set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.,
or other relevant law.
[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]
a.
Any other provision of law to the contrary notwithstanding, the City
of Asbury Park or any of its purchasing agents or agencies or those
of its independent authorities, as the case may be, shall not enter
into or 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 City
of Asbury Park pursuant to the Local Redevelopment and Housing Law,
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 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. 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 Asbury Park City Council directing the Asbury Park 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, or
the twelve (12) months prior to entering into the agreement, whichever
is shorter.
b.
All redevelopment agreements or amendments thereto entered into by the City of Asbury Park shall contain a provision prohibiting redevelopers as defined in Subsection (c) below from soliciting or making any contribution of money or pledge of a contribution, including in-kind contributions, 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, 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.
As defined in N.J.S.A. 40A:12A-3, a "redeveloper" means any person,
firm, corporation or public body that shall enter into or propose
to enter into a contract with the City of Asbury Park 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 the Local Redevelopment and Housing
Law, or for any construction or other work forming part of a redevelopment
or rehabilitation project within the City of Asbury Park. For the
purposes of this section, the term "redeveloper" shall include all
"sub-developers" who are under contract with a redeveloper to perform
redevelopment or rehabilitation work at any redevelopment site within
the City of Asbury Park. Furthermore, for the purposes of this section,
the definition of a redeveloper shall include the corporation, business
trust or other entity that is performing the redevelopment or rehabilitation
work within the City of Asbury Park, as well as all partners and/or
officers therein, and all owners of ten (10%) percent or more of the
equity in the corporation, business trust or other entity. Spouses
and registered domestic partners of those regulated hereunder, as
well as adult children living at home, shall also be considered "redevelopers"
under this section. In addition, subsidiaries owned or controlled
by the redeveloper shall also be covered by this definition.
[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.
It shall be the City's continuing responsibility to give notice of
this section when the City gives notice of redevelopment pursuant
to N.J.S.A. 40A:114-6 and when the City adopts a resolution directing
the Planning Board to prepare a redevelopment plan and at the time
that the City adopts an ordinance to implement a redevelopment plan.
b.
Prior to arranging, entering into or approving a redevelopment agreement with any redeveloper, the City of Asbury Park 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 Subsection 2-78.2a above. Furthermore, the redeveloper shall have a continuing duty to report any violations of this section 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.
[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.
[Ord. No. 2757]
a.
It shall be a breach of the terms of the City of Asbury Park redevelopment
agreement for a redeveloper to: (1) make or solicit a contribution
in violation of this section; (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 City of Asbury Park; (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 section; (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
section; 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 section.
