[HISTORY: Adopted by the Township Council
of the Township of Saddle Brook 10-14-1999 by Ord. No. 1192. Amendments noted where
applicable.]
This chapter shall be known as the "Contribution
Disclosure Ordinance."
Whereas, municipal Master Plans include well
thought out, long-term decisions about the development capacity of
community; and whereas, municipal Master Plans are implemented through
the enactment of local land use ordinances; and whereas, deviations
from these local ordinances by way of variances pursuant to N.J.S.A.
40:55D-70d provide opportunities for significant private gain; and
whereas, openness in government and a fair and impartial variance
application process are crucial to assuring the continuing integrity
of the municipal Master Plan, its implementing ordinances and the
integrity of the variance application process; and whereas, disclosure
of political contributions by property owners, developers and professionals
will enhance the Township's existing commitment to openness in government
and provide further guaranties for a fair and impartial variance application
process; and whereas, 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;
therefore, it is accordingly found and determined that the paramount
public interest in enhancing the Township's commitment to openness
in government, in providing further guaranties for a fair and impartial
variance application process and in promoting morals and the general
welfare through the integrity of 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 and the professionals whose services they use in
applications for major zoning variances.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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 of 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.
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 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 of 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.
A.Â
Disclosure requirements.
(1)Â
Any applicant for all types of variances 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)Â
During the pendency of the application process until
final site plan approval is granted, any applicant for a variance
shall amend its contribution disclosure statements to include continuing
disclosure of all contributions within the scope of disclosure requirements
of the above paragraph.
B.Â
Inclusion of contribution disclosure statements as
an element of the application checklist.
(1)Â
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 a variance.
(2)Â
The Saddle Brook Planning Board and Board of Adjustment shall amend its application checklist for variances to include the contribution disclosure statements specified in Subsection A of this section.
(3)Â
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.Â
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.
