As used in this article, 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, candidates' 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.
A list specifying the amount, date and the recipient of any
and all contributions made to or on behalf of any candidate, candidates'
committee, joint candidates' committee, political committee, continuing
political committee or political party committee of or pertaining
to the Township of Ewing 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 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,
testimonies or reports and the firms or entities in which said individuals
practice.
A.
Any applicant for a variance pursuant to N.J.S.A.
40:55D-70(d) or a variance pursuant to N.J.S.A. 40:55D-70(c) 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 or subdivision 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 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.
B.
During the pendency of the application process until
final site plan approval is granted, any applicant required to comply
with this article shall amend its contribution disclosure statements
to include continuing disclosure of all contributions within the scope
of disclosure requirement of the above subsection.
A.
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 § 59-8 of this article be submitted by the applicant for all applications for variance relief pursuant to N.J.S.A. 40:55D-70(d) as well as for relief pursuant to N.J.S.A. 40:55D-70(c) 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.
B.
The Township of Ewing Planning Board and Zoning Board of Adjustment shall amend its application checklist for variances pursuant to N.J.S.A. 40:55D-70(d) as well as for relief pursuant to N.J.S.A. 40:55D-70(c) 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 § 59-8 of this article.
C.
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.
All contribution disclosure statements shall
be available in the office of the Municipal Clerk for public inspection.
It is the intent of this article that the contribution
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-70(d) as well as for relief pursuant to
N.J.S.A. 40:55D-70(c) 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.
