[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:
- 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.
- 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.
- 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 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.
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.
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.
Inclusion of contribution disclosure statements as an element of the application checklist.
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.
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.
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.
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.