[Ord. #1745, 9-28-2004, adopted]
This section shall be known as the "Contribution
Disclosure Ordinance."
[Ord. #1745, 9-28-2004, adopted]
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 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; and whereas, 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;
and whereas, 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; 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 guarantees for a fair and impartial variance, waiver and exception
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 guarantees for a fair
and impartial variance, waiver and exception 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 variances,
waivers and exceptions.
[Ord. #1745, 9-28-2004, adopted]
APPLICATION CHECKLIST — The
term "application checklist" means 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.
The term "contribution" means 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 ordinance, any such commitment or assumption shall be deemed
to have been a contribution upon the date when such commitment is
made or liability assumed.
The term "contribution disclosure statement" means 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.
The term "developer" means 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.
The term "professional" means 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. #1745, 9-28-2004, adopted]
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 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 section 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 is hereby adopted
pursuant to N.J.S.A. 40:55D-10.3 to require that the contribution
disclosure statements specified in Paragraph 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 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 municipal Planning Board and Board of Adjustment
shall amend its application checklist for variances pursuant to N.J.S.A.
40:55D-70d as well as for relief pursuant to N.J.S.A. 40:55D-70c 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 Paragraph 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 section 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-70d as well
as for relief pursuant to N.J.S.A. 40:55D-70c 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.
