Zoneomics Logo
search icon

Monroe City Zoning Code

ARTICLE XVIII

Restrictions on Campaign Contributions from Developers

§ 108-18.1 Purpose.

It is the purpose of this article to create a regulation which states that any entity or individual seeking to enter into a development agreement or amendment thereto, pursuant to N.J.S.A. 40:55D-44.2(I), including phasing, density transfers or municipally funded infrastructure, who makes political contributions to Monroe Township elected officials and local and county political committees will be ineligible to receive such agreements, or rights from the Township of Monroe.

§ 108-18.2 Development agreements under N.J.S.A. 40:55D-45.2(I).

A. 
Prohibition of entering into or amending development agreements with certain contributors.
(1) 
Any other provision of law to the contrary notwithstanding, the Township of Monroe or any of its purchasing agents or agencies or those of its independent authorities, as the case may be, shall not enter into an agreement pursuant to N.J.S.A. 40:55D-45.2(I), amend an agreement, or otherwise contract with any developer for the phasing, density transfers or municipally funded infrastructure within the municipality, if that developer has made any contribution of money or pledge of a contribution, including in-kind contributions, during the applicable time period as specified below, to a campaign committee of any Monroe Township candidate or holder of public office within the Township of Monroe having responsibility for arranging, entering into, or approving the development agreement, or for appointing those who enter into the agreement on behalf of Monroe Township or, to any Monroe Township political campaign committee, or to any Monroe Township or Middlesex County party committee, or to any political action committee (PAC) which regularly engages in the support of municipal elections and/or municipal parties or which engages in the support of Monroe Township municipal campaigns (PAC). For purposes of this section, the "applicable time period" shall be defined as the time period between the date of the beginning of the negotiation and during the full term of the developer's agreement.
(2) 
All development agreements pursuant to N.J.S.A. 40:55D-45.2(I) or amendments thereto entered into by Monroe Township shall contain a provision prohibiting developers as defined in Subsection A(3) to solicit or make any contribution of money or pledge of a contribution including in-kind contributions, to any Monroe Township candidate or holder of public office within the Township having responsibility for arranging, entering into, or approving the development agreement, or for appointing those who enter into the agreement on behalf of Monroe Township or, to any Monroe Township political campaign committee or to any Monroe Township or Middlesex County party committee or to any political action committee (PAC) which regularly engages in the support of municipal elections and/or municipal parties or which engages in the support of Monroe Township municipal campaigns (PAC), between the time of first communication between that developer and the municipality regarding a development project and the later of the termination of negotiations or the completion of all matters specified in the development agreement.
(3) 
A "developer" means any person, firm, corporation or public body that shall enter into or propose to enter into a contract with a municipality pursuant to N.J.S.A. 40:55D-45.2(I). For the purposes of this article the definition of a developer includes all principals who own 10% or more of the equity in the corporation or business trust, partners, and officers in the aggregate employed by the provider as well as any affiliates or subsidiaries directly controlled by the developer. Spouses and adult children at home shall also be included.
(4) 
For the purposes of this article, the office that is considered to have responsibility for arranging and entering into the development agreement under the Act shall be:
(a) 
The Monroe Township Council if the development agreement requires approval from the Council or a public officer who is responsible for arranging and entering into the development agreement if that public officer is appointed by Council; or
(b) 
The Mayor of Monroe Township if the development agreement requires the approval of the Mayor or a public officer who is responsible for arranging and entering into the development agreement if that public officer is appointed by the Mayor.
B. 
Contributions made prior to the effective date. No contribution of money or any other thing of value, including in-kind contributions, made by a developer to any Township candidate for Mayor or Township Council or Township political campaign committee shall be deemed a violation of this article nor shall an agreement for development projects, pursuant to N.J.S.A. 40:55D-45.2(I) be disqualified thereby if that contribution or agreement was made by the developer prior to the effective date of this article.
C. 
Notice given by municipality; sworn statement of developer.
(1) 
It shall be the municipality's continuing responsibility to give notice of this article when the municipality gives notice of the ordinance to implement the development plan.
(2) 
Prior to arranging and entering into the development agreement with any developer, the Township shall receive a sworn statement from the developer that the developer has not made any contribution in violation of Subsection A(1) above. Furthermore, the developer shall have a continuing duty to report any violations of this article that may occur while arranging and entering into the development agreement, and until all specified terms of the agreement have been completed. The certification required under this subsection shall be made prior to entry into the agreement with the municipality and shall be in addition to any other certifications that may be required by any other provision of law.
D. 
Contribution restrictions and disclosure requirement applicability to consultants.
(1) 
The contribution and disclosure requirements in this article shall apply to all developers as well as professionals, consultants or lobbyists contracted or employed by the business entity to provide services related to the:
(a) 
Lobbying of government officials in connection with the adoption of the development agreement.
(b) 
Negotiating the terms of a development agreement or any amendments or modifications thereto, pursuant to N.J.S.A. 40:55D-45.2(I).
(c) 
Performing the terms of the development agreement.
(2) 
It shall be a breach of the consultant's contract, and shall require immediate termination, for a consultant to violate the contribution limits and disclosure requirements in this article.
(3) 
A developer who participates in, or facilitates, the circumvention or the contribution restrictions through consultants or professionals shall be deemed to be in breach.
E. 
Return of excess contributions. A developer or municipal candidate or officeholder or Monroe Township or Middlesex County party committee or PAC referenced in this article may cure a violation of Subsection A of this Act, if, within 30 days after the general election, the developer notifies the Township Council in writing and seeks and receives reimbursement of a contribution from the municipal candidate or Monroe Township or Middlesex County political party or PAC referenced in this article.
F. 
Penalty.
(1) 
It shall be a breach of the terms of the Township's development agreement for a developer to: (i) make or solicit a contribution in violation of this article; (ii) knowingly conceal or misrepresent a contribution given or received; (iii) make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution; (iv) make or solicit any contribution on the condition or with the agreement that it will be contributed to a campaign committee of any candidate or holder of the public office of the Township of Monroe; (v) engage or employ a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit any contribution, which if made or solicited by the developer itself, would subject that entity to the restrictions of this article; (vi) fund contributions made by third parties, including consultants, attorneys, family members, and employees; (vii) engage in any exchange of contributions to circumvent the intent of this article; or (viii) directly or indirectly, through or by any other person or means, do any act which would subject that entity to the restrictions of this article.
(2) 
Furthermore, any developer who violates Subsection F(ii) through (viii), shown above, shall be disqualified from eligibility for future Township development agreements for a period of four calendar years from the date of the violation.