Resolution Recommending Land Use Regulation Amendments #20-02

WEST ORANGE TOWNSHIP PLANNING BOARD RESOLUTION RECOMMENDING THE DRAFTING OF NEW SUBSECTIONS 25-33 AND 25-34 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE ENTITLED “LAND USE REGULATIONS” WHEREAS, the West Orange Township Planning Board (the “Board”), having retained Phillips, Preiss, Grygiel, Leheny, Hughes LLC, planning and real estate consultants to assist with the preparation of the Township’s 2019 Master Plan Reexamination, pursuant to N.J.S.A. 40:55D- 89, incorporated the input of the Township's residents and business community, through public meetings and with a majority of a quorum of the Board present at the Board’s January 8, 2020 regular meeting officially voted in favor of adoption of a re-examination report which recommended specific Plan Element Amendments; and WHEREAS, the aforementioned duly adopted re-examination report includes recommendations for amending the Township’s Land Use Regulations (Ch.25) so as to encourage the use and development of environmentally sustainable infrastructure and building design; and WHEREAS, per discussion at the Board’s May 6, 2020 regular meeting, a memorandum dated June 23, 2020 was prepared by the Board’s Planning Consultant which featured drafts of amendments to the Township’s Land Use Regulations (Ch.25); and WHEREAS, the June 23, 2020 memorandum drafts would add subsection 25-33 and subsection 25-34 of the Revised General Ordinances of the Township of West Orange, respectively; and WHEREAS, the draft of new subsection 25-33 (Exhibit A) would permit and regulate the use of “Solar Energy Systems” in all zone districts; and WHEREAS, the draft of new subsection 25-34 (Exhibit B) would permit and regulate the use of electric vehicle infrastructure in all zone districts; and WHEREAS, a quorum of the Board discussed and reviewed the merits of the draft new subsections at a regular meeting of the Board on August 5, 2020 and voted in favor of recommending that the Township Council consider drafting such amendments; and WHEREAS, pursuant to N.J.S.A. 40:55D-64 and N.J.S.A. 40:55D-26a, the Board acknowledges its ongoing duty to, upon referral from the Township Council, identify any provisions in the proposed new subsections which are inconsistent with the Master Plan and make recommendations concerning any inconsistencies and any other matters as the Board deems appropriate; NOW, THEREFORE,

the proposed new subsections which are inconsistent with the Master Plan and make recommendations concerning any inconsistencies and any other matters as the Board deems appropriate; NOW, THEREFORE, BE IT RESOLVED the Planning Board recommends that the draft of the new proposed subsections, a copy of which are attached hereto as Exhibit A, and Exhibit B, be considered for drafting by the Township Council, the final copy of the result of such consideration which shall be transmitted to the Planning Board for the Board to determine, pursuant to N.J.S.A. 40:55D-26a, whether the proposed new subsections are substantially

consistent with the land use plan element and the housing plan element of the Master Plan, or designed to effectuate such plan element. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Board hereby directs the Acting Secretary of the Board to forward this Resolution and attached exhibits to the Township Clerk for Township Council consideration. ROLL CALL VOTE ON ACTION TAKEN BY THE BOARD AT REGULAR MEETING- August 5, 2020 Board Member Motion | Second Aye Nay Abstain | Absent Bagoff (Vice-Chair) Xx x Johnson (1% Alt.) x Smeraldo x Klein xX McCartney x Trenk x Wegner x Weston (Chair) Xx xX Williams x Wilkes X Page 2 of 12

ROLL CALL VOTE ON THE ADOPTION OF RESOLUTION AT REGULAR MEETING-September 2, 2020 Board Member Motion | Second Aye Nay Abstain | Absent Bagoff (Vice-Chair) Xx Xx Johnson (1* Alt.) x Smeraldo Xx Klein xX McCartney x Trenk x Wegner xX Weston (Chair) x x Williams x Wilkes xX CERTIFICATION I hereby CERTIFY that the foregoing is a true copy of a Resolution adopted by the West Orange Township Planning Board at a publicly noticed meeting held on September 2, 2020, at which a quorum was present. / Dated: F | 3 / AD20 4 “Sean McCauley Acting Secretary Page 3 of 12

EXHIBIT A ADD THE FOLLOWING NEW SECTIONS: 25-33 SOLAR ENERGY SYSTEMS. a. Purpose. The Township of West Orange intends to promote the utilization of solar energy systems in order to maximize the utilization of a clean, safe and available energy source. b. Use regulations. A solar energy system shall be permitted in all zones provided the system is in compliance with all accessory use standards for the zone in which it is located, except that solar parking canopies shall be permittéd as an accessory use to any principal use other than one-family and two-family dwellings. c. Design standards. 1. Roof-mounted. The design of the solar energy system shall conform to applicable local, state and national solar codes and standards. A building permit shall be obtained for the installation of a solar energy system. The highest point of the system shall not exceed the zoning district's height limit what is permitted in the zoning district which they are located for the principal building. we Ground-mounted. Accessory ground arrays shall be: (a) Permitted in the rear yard only; (b) Prohibited in the front and side yards, except on corner lots which have no defined rear yard, it may be located in a side yard at a minimum of two times the required front setback from the street line; (©) In conformance with all rear and side yard setback requirements of an accessory structure; (d) Not exceed six feet in height, including the supporting structure; and (e) Be counted as a structure for purposes of calculating lot coverage. 3. Solar parking canopies. A solar parking canopy shall comply with all requirements for an accessory structure in the district in which it is located, except it may exceed the applicable maximum accessory structure height if it will cover an impervious surface parking area. Height may not exceed the height of the primary structure that the parking area serves or the maximum building height in the district in which it is located. Minimum height of the parking canopy must allow clearance for emergency service and service vehicles. 4. Appearance, color, and finish. Solar energy systems shall be painted, finished or screened with landscaping or other materials to the extent reasonably possible to blend the facility into existing structures and natural surroundings in order to minimize potential visual impacts on the surrounding landscape. 5.

ther materials to the extent reasonably possible to blend the facility into existing structures and natural surroundings in order to minimize potential visual impacts on the surrounding landscape. 5. Signs. Solar energy systems shall not be used for displaying signage or advertising, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification. d. ‘Tree removal. The proposed removal of a tree to facilitate the installation of a solar energy system shall by regulated by the provisions sct forth in Section 25-27, Tree Protection and Removal, of this Chapter. Page 4 of 12

e, Abandonment. 1. A solar energy system that is out of service for a continuous twelve-month period will be deemed to have been presumptively abandoned. The Zoning Official may issue a notice of abandonment to the owner of a solar energy system that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date. The Zoning Official shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the solar energy system has not been abandoned. In the event that the Zoning Official, after investigation, determines that a solar energy system has been abandoned, the Zoning Official may issue a notice of abandonment during the presumptive twelve-month period and the owner shall have the right to respond to the notice of abandonment. 2. If the solar energy system is determined to be abandoned, the owner of the solar energy system shall remove the facility at the owner's sole expense within six months of receipt of notice of abandonment. If the owner fails to remove the facility, the Zoning Official may, at the option of the Mayor and Council, have the facility removed at the owner's expense, and impose a lien on the property. f. Violations. It is unlawful for any person to construct, install, or operate a solar energy system that is not in compliance with this section or with any condition contained in a building permit issued pursuant to this section. Solar energy systems installed prior to the adoption of this section are exempt. Page 5 of 12

EXHIBIT B 25-34 ELECTRIC VEHICLE INFRASTRUCTURE a. Purpose. The Township of West Orange encourages the transition to electric vehicle use and to expedite the establishment of a convenient, cost-effective electric vehicle infrastructure that such a transition necessitates. b. Word Usage Generally 1. Terms defined in other codes. Where terms are not defined in this article and are defined in the Uniform Construction Code, they shall have the same meanings ascribed to them as in the Uniform Construction Code. 2. Terms not defined. Undefined terms shall have their ordinarily accepted meanings. 3. The word “shall” is always mandatory and not merely directory. a ‘Terms Defined. As used in this Article, the following terms shall have the meanings indicated: AC: alternating current (electricity). Battery: (pl. batteries) a cell or cells onboard an electric vehicle which is used for storing and furnishing electrical energy for the purpose of propelling the vehicle. Battery Electric Vehicle (‘BEV”): an electric vehicle with an onboard battery that operates exclusively from electrical energy from the battery, which battery is charged from an electrical power source (charging station) not onboard the vehicle. Charging Level: the standardized indicators of electrical force, or voltage at which an electric vehicle’s battery is recharged. Typical electric vehicle charging levels and specifications are: Level 1 ~ Slow battery charging (AC). Voltage is 120 volts. Level 2 — Medium battery charging (AC). Voltage is between 120v and 240v. Level 3~ Fast battery charging (DC). Voltage is greater than 240v. Page 6 of 12

Charging Station: equipment that has as its primary purpose the transfer of electric energy by conductive or inductive means to a battery or other energy storage device located onboard an electric vehicle, Various types of charging stations include: Accessible Charging Station: a charging station incorporated into or immediately adjacent to a handicapped parking space as “handicapped parking space” is defined by Sec. 13-21.3(a) of the Township Code. Level 3 Charging Station: (sometimes referred to as a DC Fast charging station) a charging station that provides any single-phase voltage or current rating higher than that of Level 2, or any three-phase supply voltage configuration. Private Charging Station: a charging station that is: (1) privately owned and restricted access (e.g., single-family home, executive parking, designated employee parking, etc.); or (2) publicly owned and restricted access (e.g., fleet parking with no access to the general public). Public Charging Station: a charging station that is: (1) publicly owned and publicly available (e.g., park & ride, public parking lots, on-street parking, ete.); or (2) privately owned and publicly available (e.g., shopping center parking, non-reserved parking in multi-family parking lots, etc.). Charging Station Equipment: the conductors, including ungrounded and grounded, and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, charging stations or apparatus installed specifically for the purpose of delivering electrical energy from the charging station to the electric vehicle. Charging Station Space: a dedicated, marked space that identifies the use thereof as exclusively for the charging of electric vehicles, DC: direct current (clectricity). Electric Scooters and/or Motoreycles: a 2-wheel or 3-wheel electric vehicle that operates exclusively on electrical energy stored in the vehicle’s batteries, Eleetric Vehicle: a vehicle that operates, either partially or exclusively, on electrical energy from a charging station or other electrical energy source that is stored in the vehicle’s battery for propulsion purposes. “Electric vehicle” includes: (1) a battery electric vehicle: (2) a plug-in hybrid electric vehicle: (3) a neighborhood electric vehicle; and (4) electric scooters or motorcycles. Page 7 of 12

d. Neighborhood Electric Vehicle: an electric vehicle with four (4) wheels that conforms to federal regulations under C.F.R. § 571.500, which can attain a speed of 20 miles per hour (mph) from a stand-still within one (1) mile but cannot exceed a speed of more than 25 mph. Non-Electric Vehicle: a vehicle that does not meet the definition of “electric vehicle” as provided herein. Plug-In Hybrid Electric Vehicle (‘PHEV”): an electric vehicle that (1) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor, and; (2) charges its battery primarily by connecting to a charging station or other electrical source not on board the vehicle; (3) may additionally be able to sustain a battery charge using an on-board internal combustion-driven generator; and (4) has the ability to be propelled through the use of electricity. Motor Vehicle: has the same meaning as provided in Section 39:1-1, et seq. of the Revised Statutes of the State of New Jersey. Permitted Locations for Charging Stations 1. Level 1 and Level 2 charging stations are permitted in every zoning district, when accessory to the primary permitted use of said district. Charging stations located at single- Page 8 of 12