[HISTORY: Adopted by the Council of the City of Perth Amboy 9-23-2009 as Ordinance No. 1481-2009. Amendments noted where applicable.]
Municipal Master Plans include well thought out, long-term decisions
about the development capacity of community.
Municipal Master Plans are implemented through the enactment
of local land use ordinances; and
Deviations from these local ordinances by way of variances pursuant
to N.J.S.A. 40:55D-70d and N.J.S.A. 40:55D-70c, exceptions and waivers
pursuant to N.J.S.A. 40:55D-51 provide opportunities for significant
private gain.
Applicants for planned developments, as defined in N.J.S.A.
40:55D-6 often deviate from the goals of the municipal Master Plan
and provide opportunities for significant private gain.
Openness in government and a fair and impartial variance, waiver
and exception and planned development application process is crucial
to assuring the continuing integrity of the municipal Master Plan,
its implementing ordinances and the integrity of the variance application
process.
Disclosure of political contributions by property owners, developers
and professionals will enhance the city's existing commitment
to openness in government and provide further guarantees for a fair
and impartial variance, waiver and exception application process.
Disclosure of political contributions by property owners, developers
and professionals will effectuate the purposes of the Municipal Land
Use Law to promote morals and the general welfare.
It is determined that advancement of the public interest, the
city's commitment to openness in government, fair and impartial
variance, waiver and exception application process, and integrity
in the municipal planning process requires the supplementation of
the municipal application checklist to mandate the listing of specified
political contributions made by property owners, developers, the professionals
whose services they use in applications for major variances, waivers
and exceptions, lobbyists and all advocates for the applicant.
A.
APPLICATION CHECKLIST — 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.
B.
DEVELOPER — 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 a proposed development, including the holder of
an option or contract to purchase, or other person having an enforceable
proprietary interest in such land.
C.
PROFESSIONAL — 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.
D.
CONTRIBUTION — 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 chapter, any such commitment
or assumption shall be deemed to have been a contribution upon the
date when such commitment is made or liability assumed.
E.
CONTRIBUTION DISCLOSURE STATEMENT — 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, 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.
A.
Disclosure requirements.
(1)
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-70(c) 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 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.
(2)
During the pendency of the application process until final site plan
approval is granted, any applicant required to comply with this ordinance
shall amend its contribution disclosure statements to include continuing
disclosure of all contributions within the scope of disclosure requirement
of the above paragraph.
B.
Inclusion of contribution disclosure statements as an element of
the application checklist.
(1)
An Application Checklist ordinance[1] 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 section be submitted by the applicant for all applications for variance relief 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.
[1]
Editor's Note: Application checklists may be found on
file in the office of the City Clerk.
(2)
The municipal Planning Board and Board of Adjustment shall amend its Application Checklist 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 to include the contribution disclosure statements specified in Subsection A of this section.
(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 the disclosure statement. 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 the disclosure statement. It is the intent of this chapter
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-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.