[HISTORY: Adopted by the Mayor and Council of the Borough of Leonia 4-19-2004 by Ord. No. 02-04. Amendments noted where applicable.]
This chapter may be known and cited as the "Contribution Disclosure Ordinance."
The Borough Master Plan is implemented through the enactment of the Land Use Ordinance.
Deviations from the Land Use Ordinance, by way of amendment and variances, provide opportunities for significant private gain.
This Borough has a strong commitment to openness in government and to providing a fair and impartial variance application process.
Openness in government and a fair and impartial variance application process are crucial to assuring the continuing integrity of the Borough's Master Plan, the Land Use Ordinance and the integrity of the variance application process.
Disclosure of political contributions by property owners, developers and professionals will enhance the Borough's existing commitment to openness in government and provide further guarantees for a fair and impartial variance application process.
Disclosure of political contributions by property owners, developers and professionals will effectuate the purposes of the ordinances to promote effective land use and the general welfare.
It is accordingly found and determined that the paramount public interest in enhancing the Borough's commitment to openness in government, in providing further guarantees 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 are used in applications for major zoning variances.
As used in this chapter, the following terms shall have the meanings indicated:
- APPLICATION FORM
- The list of submission requirements adopted by ordinance and provided to the Borough by a developer as required by the zoning section of the Code of the Borough of Leonia.
- A. 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.
- B. For purposes of reports required under the provisions of this chapter, such commitment or assumption shall be deemed to have been a contribution upon the date when such commitment is made, promised, or liability assumed.
- CONTRIBUTION DISCLOSURE STATEMENT
- A list specifying the amount, date and the recipient of any and all contributions over $400 made to or on behalf of any candidate, candidate 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.
- The legal or beneficial owner or owners of a lot or 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, testimony or reports and the firms or entities in which said individuals practice.
Any applicant for commercial development, for development of two or more dwelling units or zoning amendment to the Borough of Leonia Code shall include in the application or request contribution disclosure statements for all developers and all professionals who apply for or provide testimony, plans, or reports in support of said variance and who have any 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. Disclosure does not apply to any expansion of a dwelling unit or the addition of a deck.
During the pendency of the application process, until final approval is granted, any applicant for variance, site plan approval or zoning amendment pursuant to the Zoning Ordinance and Code of the Borough of Leonia shall amend its contribution disclosure statement to include continuing disclosure of all contributions within the scope of disclosure requirements of the above subsection.
Inclusion of contribution disclosure statements as an element of the application checklist.
The application form is hereby adopted requiring contribution disclosure statements from any and all owners, developers, or professionals providing testimony, plans, or reports in support of any application for a variance pursuant to the Code of the Borough of Leonia.
The zoning section of the Borough's building code shall amend its application form to include the contribution disclosure statements specified in the above subsection.
An application shall not be deemed complete by the administrative official(s) responsible for approval or accepted for public hearing by a municipality 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 Borough Clerk.