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Edison City Zoning Code

§ 37-33.10

Contribution Disclosure Statements.

[1999 Code § 17.64.100]
a. 
Definitions. As used in this section:
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.
DEVELOPER
Means a developer as defined by N.J.S.A. 40:55D-4, the legal or beneficial owner or owners of a lot or any 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.
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 the individuals practice.
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 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.
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 (1) 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.
b. 
General Provisions.
1. 
Disclosure Requirements.
(a) 
Any application for a variance pursuant to N.J.S.A. 40:55-70(d) shall include in the application contribution disclosure statements for all developers; all associates of the 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 the 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 the owner.
(b) 
During the pendency of the application process until final site plan approval is granted, any applicant for a variance pursuant to N.J.S.A. 40:55D-70(d) shall amend its contribution disclosure statements to include continuing disclosure of all contributions within the scope of disclosure requirement of the above subdivision.
2. 
Inclusion of Contribution Disclosure Statement as an Element of the Application Checklist.
(a) 
An application checklist ordinance is adopted pursuant to N.J.S.A. 40:55D-10.3 to require contribution disclosure statement from any and all owners, developers, or professionals applying for or providing testimony, plans, or reports in support of any application for a variance pursuant to N.J.S.A. 40:55D-70(d).
(b) 
The municipal Board of Adjustment shall amend its application checklist to include the contribution disclosure statement specified in the above subdivision.
3. 
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.
4. 
Admission of Contribution Disclosure Statement Prohibited. The contents of any contribution disclosure statement required to be filed, and any comments or statements concerning same, shall be inadmissible for any purpose at any hearing of the Zoning Board of Adjustment, and furthermore this information shall not become part of the official record before that Board on any application.