[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."
B.
The Borough Master Plan is implemented through the enactment
of the Land Use Ordinance.
C.
Deviations from the Land Use Ordinance, by way of amendment
and variances, provide opportunities for significant private gain.
D.
This Borough has a strong commitment to openness in government
and to providing a fair and impartial variance application process.
E.
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.
F.
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.
G.
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.
H.
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:
The list of submission requirements adopted by ordinance and provided
to the Borough by a developer as required by the zoning section[1] of the Code of the Borough of Leonia.
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 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.
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.
A.
Disclosure requirements.
(1)
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.
(2)
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[1] 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.
B.
Inclusion of contribution disclosure statements as an
element of the application checklist.
(1)
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.
(2)
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.
(3)
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.
C.
Availability of the disclosure statement. All contribution
disclosure statements shall be available in the office of the Borough Clerk.
