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Monroe City Zoning Code

ARTICLE XIX

Restrictions on Campaign Contributions from Redevelopers

§ 108-19.1 Purpose.

It is the purpose of this article to create a regulation which states that any entity or individual seeking to enter into a redevelopment agreement or amendment thereto or is otherwise seeking to obtain rights to develop pursuant to a redevelopment agreement, 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.

§ 108-19.2 Redevelopment agreements under the Local Redevelopment and Housing Law.

A. 
Prohibition of entering into or amending redevelopment 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, amend an agreement, or otherwise contract with any redeveloper for the planning, replanning, construction or undertaking of any redevelopment project, including the acquisition or leasing of any public property in conjunction with the redevelopment of any area within Monroe Township pursuant to the Local Redevelopment and Housing Law, if that redeveloper 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 Township candidate or holder of public office within the Township of Monroe having responsibility for arranging, entering into, or approving the redevelopment 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 that the property which is the subject of the redevelopment project has been included in a memorializing resolution adopted by the governing body directing the Planning Board to conduct a preliminary investigation to determine if the site is in need of redevelopment pursuant to and in accordance with the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., and the date of entering into the redevelopment agreement, or the 12 months prior to entering into the agreement, whichever is shorter.
(2) 
All redevelopment agreements or amendments thereto entered into by Monroe Township shall contain a provision prohibiting redevelopers 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 Township candidate or holder of public office within the Township of Monroe having responsibility for arranging, entering into, or approving the redevelopment 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 redeveloper and the municipality regarding a redevelopment project and the later of the termination of negotiations or the completion of all matters specified in the redevelopment agreement.
(3) 
As defined in N.J.S.A. 40A:12A-3, a "redeveloper" means any person, firm, corporation or public body that shall enter into or propose to enter into a contract with a municipality or other redevelopment entity for the redevelopment or rehabilitation of an area in need of redevelopment, or an area in need of rehabilitation, or any part thereof, under the provisions of this Act, or for any construction or other work forming part of a redevelopment or rehabilitation project. For the purposes of this article, the definition of a redeveloper includes all principals who own ten percent (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 redeveloper. 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 redevelopment agreement under the Act shall be:
(a) 
The Monroe Township Council if the redevelopment agreement requires approval or appropriation from the Council or a public officer who is responsible for arranging and entering into the redevelopment agreement if that public officer is appointed by Council; or
(b) 
The Mayor of Monroe Township if the redevelopment agreement requires the approval of the Mayor or a public officer who is responsible for arranging and entering into the redevelopment agreement if that public officer is appointed by the Mayor; or
(c) 
A designated redevelopment entity, if the redevelopment agreement requires the approval of the redevelopment entity.
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 redeveloper to any Township candidate for Mayor or Township Council or Township political campaign committee shall be deemed a violation of this section nor shall an agreement for redevelopment projects of any kind whatsoever be disqualified thereby if that contribution or agreement was made by the redeveloper prior to the effective date of this article.
C. 
Notice given by municipality; sworn statement of redeveloper.
(1) 
It shall be the municipality's continuing responsibility to give notice of this section when the municipality gives notice of redevelopment pursuant to N.J.S.A. 40A:12A-6 and when the municipality adopts a resolution directing the Planning Board to prepare a redevelopment plan and at the time that the municipality adopts the ordinance to implement the redevelopment plan.
(2) 
Prior to arranging and entering into the redevelopment agreement with any redeveloper, the Township or any of its purchasing agents or agencies or independent authorities, as the case may be, shall receive a sworn statement from the redeveloper that the redeveloper has not made any contribution in violation of Subsection A(1) above. Furthermore, the redeveloper shall have a continuing duty to report any violations of this article that may occur while arranging, and entering into the redevelopment 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 redevelopers as well as professionals, consultants or lobbyists contracted or employed by the business entity ultimately designated as the redeveloper to provide services related to the:
(a) 
Lobbying of government officials in connection with the examination of an area in need of redevelopment or in connection with the preparation, consultation and adoption of the redevelopment plan.
(b) 
Obtaining the designation or appointment as redeveloper.
(c) 
Negotiating the terms of a redevelopment agreement or any amendments or modifications thereto.
(d) 
Performing the terms of a redevelopment 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 redeveloper 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 redeveloper 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 section, if, within 30 days after the general election, the redeveloper 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 Monroe Township redevelopment agreement for a redeveloper 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 redeveloper 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 redeveloper who violates Section 108-19.2(ii) through (viii) shall be disqualified from eligibility for future Monroe Township redevelopment agreements for a period of four calendar years from the date of the violation.