[Added 6-8-2004 by Ord. No. 19-04]
The purpose of this article is to enhance the
City's commitment to openness in government and to provide further
guarantees for a fair and impartial variance, waiver and exception
application process by requiring the disclosure of political contributions
made by property owners, developers and professionals as part of the
application process for certain approvals under the Municipal Land
Use Law. Such disclosure will effectuate the purposes of the Municipal
Land Use Law to promote the morals and general welfare of the community
through ensuring additional guarantees of openness in government and
a fully informed public.
As used in this article, the following terms
shall have the meanings indicated:
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.
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.
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.
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 this article, any such commitment
or assumption shall be deemed to have been a contribution upon the
date when such commitment is made or liability assumed.
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 Long Branch, 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 filing the application seeking approval from the City through
to the time of filing said application. Additionally, 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.
The Municipal Planning Board or the Municipal Zoning Board
of Adjustment, as applicable.
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 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 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 article 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 section 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.
(2)
The City's Municipal Agencies shall amend application checklists to include 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 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 article 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.
